ANTAR SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of criminal Procedure, 1973 (Cr. P. C. for short), the petitioner seeks quashing of the complaint Annexure-P-1) titled Joginder Singh v. Avtar Singh, pending in the Court of learned Judicial Magistrate, 1 st Class, Ludhiana on the allegation that the petitioner committed an offence under Section 138 of the Negotiable Instruments Act, 1881 (N. I. Act for short ). He also seeks the quashing of the summoning order dated 9. 2. 1991 (Annexure-P. 2) on the basis of which non-bailable warrants were later issued by the learned trial Magistrate.

(2.) JOGINDER Singh (respondent) filed a complaint under Section 138 of N. I. Act on the allegations that the petitioner (accused) is a businessman and is well known to him. He had borrowed a sum of Rs. 19,500/-from the complainant for a period of seven days. The complainant in good faith paid the petitioner (accused) a sum of Rs. 19,500/- and the petitioner (accused) issued a cheque dated 14. 2. 1990 for the said amount drawn on his account with the Punjab National Bank, Ajit Nagar, ambala. The said cheque of Rs. 19,500/-was presented to the Bankers of the accused petitioner through the Bankers of the complainant, namely, Bank of India, Katra Chuharam Branch, Ludhiana on 16. 2. 1990 and again on 14. 3. 1990. The cheque was returned by the Bankers of the accused to the Bankers of the complainant on 19. 3. 1990 with the remarks "referred to drawer". In this manner, the cheque in question was not honoured and it was alleged that the petitioner had committed an offence under Section 138 of N. I. Act and was liable to the proceeded against and punished.

(3.) THE learned Judicial Magistrate, 1st Class, Ludhiana in terms of his order dated 9. 2. 1991 (Annexure-P-2) summoned the accused for the said offence. This led to the filing of the present petition in this Court assailing the complaint (Annexure-P. 1) as also the summoning order dated 9. 2. 1991 (Annexure-P-2 ). Non-bailable warrants had also been issued which are also assailed.