BALKOUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court praying for setting aside the impugned summoning order dtd. 11/4/2019 (Annexure P-4) passed by the Court of learned Judicial Magistrate 1st Class, Abohar along with complaint bearing No.NACT-204 of 2019 dtd. 17/2/2019 titled as Amardeep Singh Vs. Balkour Singh.

(2.) In brief the facts are that respondent No.2-complainant had filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act) against the petitioner alleging therein that the petitioner had borrowed an amount of Rs.9.00 lakhs from respondent No.2-complainant with a promise to repay the same. When respondent No.2-complainant demanded the said amount, the petitioner issued a cheque bearing No.021925 dtd. 17/12/2018 for an amount of Rs.9.00 lakhs drawn on State Bank of Bikaner and Jaipur (now merged in State Bank of India, Branch Bhagat Singh Chowk, Abohar) in favour of the respondent No.2-complainant with an assurance that the same will be enchased on presentation. However, on presentation of the said cheque by respondent No.2-complainant in his bank account, the same was dishonoured vide return memo dtd. 18/12/2018 with remarks 'account closed'. The respondent No.2 complainant had sent legal notice dtd. 27/12/2018 to the petitioner asking him to liquidate the cheque amount but he did not make the payment within the stipulated period prescribed in the notice and thus, the complaint in question was filed.

(3.) The respondent No.2-complainant led the preliminary evidence and the learned trial Court being convinced that a prima facie case was made out against the petitioner under Sec. 138 of the NI Act, summoned the petitioner vide impugned order dtd. 11/4/2019.