LAWS(P&H)-1984-4-39

SANT KUMAR SHARDA Vs. STATE OF PANJAB

Decided On April 17, 1984
Sant Kumar Sharda Appellant
V/S
STATE OF PANJAB Respondents

JUDGEMENT

(1.) IN this petition filed under section 482, Criminal Procedure Code, the petitioner Sant Kumar Sharda prays for quashing the complaint dated 16th April, 1983 filed by respondent No. 2 Hari Krishan in the Court of Chief Judicial Magistrate, Patiala, and order passed by that Court for summoning the petitioner and another as accused. The facts as appear from the petition and the various annexures are that the petitioner was married to Smt. Asha Lata. On 4th May, 1982 he filed an application for divorce against his wife. While that application was pending, Smt. Asha Lata, who had already filed an application under section 125, Criminal Procedure Code, was allowed maintenance on 19th May, 1982 at the rate of Rs. 350/- per month. Upto January, 1983 the petitioner had paid maintenance to her.

(2.) ON Ist February. 1983, 6th March, 1983 and 15th March, 1983, the petitioner sent three Account Payee cheques of Rs. 350/- each towards maintenance to Smt. Asha Lata. Those cheques were drawn on the Punjab National Bank, Batala. Smt. Asha Lata got delivered those cheques to her Bankers i e. Punjab and Sind Bank at Patiala. However. those cheques were received uncleared as there were some cuttings and alterations in the cheques.

(3.) AFTER recording preliminary evidence in that case the learned Magistrate vide order dated 6th September, 1983 summoned Sant Kumar Sharda and his co-accused to stand their trial under sections 420 and 421 read with section 109 of the Indian Penal Code.