GURBAKSH SINGH SODHI @ GURBAX SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure (for short "the Code") has been preferred seeking quashing of Criminal Complaint No. 45 of 21.7.2009/12 (Annexure P -1) titled "Ranjit Singh vs. Gurbax Singh Sodhi" for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act") read with Section 420 of the Indian Penal Code (for short "IPC") pending in the Court of Chief Judicial Magistrate, Ferozepur, summoning order dated 5.5.2012 (Annexure P -2) and proceedings emanating therefrom.

(2.) COUNSEL for the petitioner has made a solitary submission that as the alleged agreement between the petitioner and respondent in regard to payment of Rs. 6 Lakhs by the respondent to the petitioner in the nature of illegal gratification for making payment to a judicial officer to seek a favourable order in an appeal, pending before the Court of Additional District Judge, Ferozepur, is not legally enforceable rather void ab initio in view of provisions of Section 23 of the Indian Contract Act, 1872 (for short "the Contract Act"), there was no legally enforceable debt or other liability in lieu whereof the cheques in dispute were statedly issued by the petitioner.

(3.) IN support of his contention, he has relied upon judgment of the Kerala High Court in J. Daniel vs. State of Kerala and another, 2005 4 RCR(Cri) 952. Another judgment of Delhi High Court relied upon by counsel is Virender Singh vs. Laxmi Narain and another, 2007 3 RCR(Cri) 157.