KARNAIL SINGH Vs. RAMESH KUMAR GUPTA

JUDGEMENT

(1.) - Karnail Singh petitioner by means of this petition seeks quashing of complaint Annexure P-l, titled as 'ramesh Kumar Gupta v. Karnail Singh and another', pending in the Court of Judicial Magistrate I Class, Ludhiana.

(2.) THE respondent has brought a complaint under Section 138 of the Negotiable instruments Act and his allegations in brief are that Karnail Singh Petitioner had purchased a Premier Padmini Car bearing registration No. M X I-54 duly fitted with stereo for a consideration of Rs. 48,000/- and issued a cheque, dated 25th May, 1989, for rs. 18,000/- drawn on the State Bank of India, Ludhiana, towards the part payment of price of the car and the car was delivered on 21st April, 1989. The petitioner issued another cheque dated 10th June, 1989 for Rs. 30,000/- towards the balance price. Cheque dated 25th May, 1989 was presented for collection to the bank, which was returned with a memo 'refer to Drawer'. Subsequently this cheque alongwith the second cheque was presented for payment but were dishonoured on account of 'insufficiency of funds' and received back with a memo 'refer to Drawer'. A fifteen days' notice was then served on the petitioner but he failed to make the payment within the prescribed time.

(3.) THE learned Magistrate after recording the evidence summoned the petitioner to stand trial for offence under Section 138 of the Negotiable Instruments Act.