T N CHATURVEDI Vs. KARNAIL SINGH

JUDGEMENT

(1.) THIS is an application under Section 482 of the code of Criminal Procedure, for quashing the complaint, dated January 22, 1993, annexed as Annexure P-2 with the petition, under Section 138 of the Negotiable instruments Act, and the summoning order, dated February 11, 1993, annexed as annexure P-3, passed by the Sub Divisional Judicial Magistrate, Nabha, on the following grounds :-

(2.) REPLY has been filed by the respondent in which the abovementioned points made out to quash the complaint and the summoning order have been rebutted.

(3.) IT is stated in para 7 of the reply that the complaint was rightly filed by the answering respondent as the cheque was issued in the name of Miss. Chamanpreet kaur, daughter of the dependent or bearer. It was never issued through the account payee of Miss. Chamanpreet Kaur and bare look at the cheque falsifies the version of the petitioner. The complainant was the holder in due course and, therefore, was competent to file the complaint in question. As stated above, the cheque was a bearer cheque. Moreover, the whole amount had been paid by the complainant-respondent from his personal account at Nabha. Ms. Chamanpreet Kaur daughter of the deponent has no independent source of income and is dependent on her father, that is, the complainant.