LAWS(P&H)-2023-7-76

MADAN SINGLA Vs. ARUN KUMAR

Decided On July 11, 2023
Madan Singla Appellant
V/S
ARUN KUMAR Respondents

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., prayer has been made for quashing of complaint No.NACT/1291/2017 dtd. 7/12/2017, titled as "Arun Kumar vs. Madan Singla" as well as order of learned Additional Chief Judicial Magistrate, Panchkula, passed on even date, whereby the petitioner has been summoned under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "1881 Act").

(2.) Very briefly facts of the case are that on account of dishonour of cheque bearing No.419539 dtd. 18/7/2017 amounting to Rs.2.00lakhs, for the reason "other reason- bank is merged", which was drawn on Bank of Punjab, Chandigarh, a complaint came to be filed against the petitioner at the instance of respondent, invoking Sec. 138 of the 1881 Act, wherein, the petitioner was summoned vide order dtd. 7/12/2017.

(3.) By way of present petition, the aforesaid complaint as well as summoning order has been impugned on the ground that from the perusal of cheque in question and contents of complaint, no offence under Sec. 138 of 1881 Act has been made out against the petitioner.