SUBHASH CHANDER MAKKAR Vs. SURINDER SINGH BEDI

JUDGEMENT

(1.) Vide this judgment, above mentioned two petitions would be disposed of as the Criminal Complaint titled "Dr. Surinder Singh Bedi Vs. Subhash Chander Makkar" under Section 138 of the Negotiable Instruments Act, 1881 (in short 'Act') as well as FIR No.436 dated 04.12.2011 under Section 420 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Civil Lines, District Amritsar City, have arisen out of the same cause of action.

(2.) Case of the complainant, in brief, is that petitioner had taken loan from the complainant to the tune of Rs. 2,50,000/- in March, 2010 for domestic purposes. Petitioner had promised to return the said amount by 31.05.2010. However, petitioner had failed to return the said amount. Petitioner had also issued cheque in question dated 15.03.2011 in favour of the complainant qua the said amount. However, when the cheque was presented for encashment, it was dishonoured by the bank with the report "account closed". In this regard, complainant filed a complaint under the Act as well as lodged the FIR in question under Section 420 IPC. In the complaint case, petitioner was summoned to face the trial under Section 138 of the Act vide order dated 01.07.2011.

(3.) Learned counsel for the petitioner has submitted that the petitioner had deposited Rs. 2,10,000/- in the account of the complainant from 03.04.2012 to 17.04.2012. In this regard, learned counsel has placed reliance on the pay in slips placed on record issued by the bank. Learned counsel has further submitted that in pursuance to the interim order dated 13.12.2012, passed by this Court in Crl. Misc. No.M-37899 of 2012, petitioner had deposited the remaining amount of Rs. 40,000/- before the trial court. Since the cheque amount in question had already been paid by the petitioner, the criminal proceedings against the petitioner were liable to be quashed.