NARENDRA KUMAR Vs. KARTAR SINGH

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the Criminal Complaint No. 200 of 2013 dated 29.11.2013 titled "Kartar Singh Vs. Narender" (Annexure P -1).

(2.) LEARNED counsel for the petitioner has submitted that the complaint in question was liable to be quashed as the petitioner had got registered FIR against the respondent on the allegation that the cheque in question had been stolen.

(3.) CASE of the complainant, in brief, is that the petitioner had taken loan from him for business purposes and in order to repay the loan amount, petitioner had issued a cheque in the sum of Rs. 40,00,000/ - on 30.09.2013. However, when the cheque was presented for encashment, the same was dishonoured due to insufficient funds. Hence, the complaint under Section 138/142 of the Negotiable Instruments Act, 1881 (in short 'Act') and Section 420 of the Indian Penal Code, 1860 was filed. In support of his case, complainant led his preliminary evidence and on the basis of the evidence led by the complainant, petitioner was ordered to be summoned to face the trial qua commission of offence punishable under Section 138 of the Act vide order dated 03.04.2014. Whether the cheque in question was stolen by the respondent or not can be gone into during trial. At this stage, the defence put -forth by the petitioner cannot be considered. The defence put -forth by the petitioner that the cheque in question had been stolen by the respondent can be gone into by the trial Court after petitioner leads evidence in this regard. However, it would not be just and expedient to quash the criminal proceedings at the very threshold.