DEVWART AND ANOTHER Vs. JITENDER SINGH

JUDGEMENT

(1.) Instant petition has been filed under Sec. 482 of the Code of Criminal Procedure for quashing of complaint no.84-2 dated 27.11.2012/17.09.2013 (Annexure P-1) filed under Sec. 138 of the Negotiable Instruments Act (in short 'N.I.Act') before learned Judicial Magistrate Ist Class, Safidon and notice of accusation dated 17.10.2013 (Annexure P-2).

(2.) Brief facts relevant for disposal of present petition are to the effect that respondent filed a complaint under Sec. 138 of the 'N.I.Act' before the Court with the averments that petitioner no.1 is a friend of complainant-respondent and is a partner in M/s Dev Rubber Reclaim Industry (petitioner no.2). Petitioner no.1 had borrowed a sum of Rs. 8,75,000.00 from the complainant-respondent for his business purposes which was given to him as the relations between the two were cordial. Petitioner no.1 promised that he would repay/ return the said amount in the first week of Oct., 2012. In pursuance of his promise, petitioner no.1 through petitioner no.2, issued cheque bearing No.566039 dated 01.10.2012 amounting to Rs. 8,75,000.00 drawn at P.N.B. G.T.Road, Karnal in favour of the complainant for discharging his liability of payment. When the complainant presented the said cheque for encashment with his banker AXIS Bank Safidon, it was returned to complainant with memo dated 03.10.2012 of P.N.B.Safidon with remarks "PAYMENT STOPPED BY DRAWER", thus the petitioners have cheated the complainant. Thereafter, the complainant through his counsel issued legal notice dated 15.10.2012 to petitioners which was not responded to as the petitioners neither replied to the notice nor paid the said amount. Thereafter, the complaint was filed under Sec. 138 of the 'N.I.Act' before the Judicial Magistrate Ist Class, Safidon, who while considering the preliminary evidence, summoned the petitioners under Sec. 138 of the 'N.I.Act'. Notice of accusation for commission of an offence punishable under Sec. 138 of the 'N.I.Act' was served upon the accused-petitioner no.1 to which he pleaded 'not guilty' and claimed trial. Hence, this instant petition.

(3.) I have heard learned counsel for the parties and perused the record.