KRISHAN GARG Vs. AMIT KUMAR

JUDGEMENT

(1.) PETITIONER Krishan Garg has filed this petition against Amit Kumar under Section 482 Cr.P.C. for quashing of criminal complaint filed under Section 138 and 141 of the Negotiable Instruments Act, 1881 pending before learned Sub Divisional Judicial Magistrate, Safidon and the summoning order dated 21.07.2012 passed by above -said Court.

(2.) NOTICE of motion was issued in this case and learned counsel for respondent appeared and contested this petition.

(3.) LEARNED counsel for the petitioner has argued only on one point that present petitioner has been named as accused in the complaint only on the averment that he is Director of R.K.S.K. Overseas Pvt. Ltd., Rice Mill i.e. accused No.1 -company. He argued that petitioner has been signing the cheques. The present respondent has not placed on record any purchase order nor any specific averment has been made in the complaint regarding his role. The present petitioner has not purchased the paddy nor he stopped the payment of the cheque in question. Therefore, he argued that the present complaint should be quashed.