AMARJIT SINGH Vs. GOLDWIN TECHNOLOGIES PVT LTD

JUDGEMENT

(1.) THE petitioner has sought quashing of the complaint dated 5.11.2008 (Annexure P -10) filed by the respondent for offence punishable under Sections 406/408/411/467/468/471/379 IPC; summoning order dated 4.8.2011 (Annexure P - 11) passed by the Judicial Magistrate First Class, Ludhiana and the order dated 20.2.2013 (Annexure P -12) passed by the Additional Sessions Judge, Ludhiana. The petitioner filed a complaint under Section 138 Negotiable Instruments Act against the respondent with the averments that a cheque bearing No.295993 dated 15.9.2008 for Rs. 5,90,000/ - drawn on Bank of India Civil Lines, Ludhiana Branch was issued by the respondent towards the price of the material purchased from the petitioner. The cheque when presented to the bank was dishonoured with the remarks "exceeds arrangements". After complying with the required legal formalities, the complaint was filed which is pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar, Noida.

(2.) THE respondent filed a petition under Section 156 (3) Cr.P.C. for registration of the FIR against the petitioner and Harvinder Singh, in which, vide order dated 4.8.2011 (Annexure P -11), the petitioner was summoned to face trial. The petitioner filed revision petition against the said order which was also dismissed.

(3.) LEARNED counsel for the petitioner has argued that the trial court passed the summoning order in a mechanical manner without looking into the provisions of Section 202 Cr.P.C.