KAPIL MEHRA Vs. SANJEEV JAIN

JUDGEMENT

(1.) -KAPIL Mehra, Director M/s Nice Tools and Forgins, Private Limited, g. T. Road, Ludhiana, has moved the present petition under Section 482 of the Code of Criminal Procedure, challenging the summoning order dated 1. 2. 1993 passed by shri Tejwinder Singh, Judicial Magistrate I Class, Ludhiana in a complaint filed by sanjeev Jain for offence under Section 138 of the Negotiable Instruments Act.

(2.) BRIEFLY the petitioner has alleged that Sanjeev Jain, Director of M/s S. K. Steels and Investment Private Limited, Ludhiana, supplied to him steel material weighing 9. 83 metric ton valued at Rs. 1,14,519. 50 R vide bill No. 42 dated 3. 9. 1991; that the petitioner issued Cheque No. 040836 dated 25. 2. 1992 for Rs. 50,000/- and Cheque No. 040837 dated 28. 2. 1992 for Rs. 64,519/- of the State Bank of India, Miller Ganj, ludhiana that because the goods supplied by the respondent turned out to be defective and there was also shortage in supply the payments of both the cheques was stopped by the petitioner by writing a letter dated 24. 2. 1992 to their bankers and a copy of this letter is Exhibit P-3, that the petitioner possessed sufficient capacity and balance to meet the aforesaid cheques as is evident from the extract of the ledger-folio (Annexure P-4 ).

(3.) THE reply dated 14. 12. 1993 has been filed by Sanjeev Jain -respondent wherein it has been averred that two cheques were issued on the assurance that these would be honoured on presentation; that the cheque dated 28. 2. 1992 was dishonoured with the remarks not arranged for', that the commission of offence was completed as soon as the cheques were dishonoured.