TARSEM LAL HANS Vs. PREM NATH PALTA

JUDGEMENT

(1.) This judgment will dispose of Criminal Misc No. 9572-M of 1992 and Criminal Misc No. 9574-M of 1992 both titled as Tarsem Lal v. Prem Nath Palta.

(2.) Prem Nath Palta the present respondent filed two complaints in the Court of Sub Divisional Judi cial Magistrate, Moga, against Tersem Lal for of fence under Section 420, I.P.C. and under Section 138, of the Negotiable Instruments Act alleging that Tarsem Lal petitioner issued two cheques in his name each for a sum of Rs. 25,000.00 at Moga, One of the cheques bearing No. 634634 was issued on 10-10-1991. The cheques were presented in Allahabad Bank Moga, for collection of payment for State Bank of India, Jalandhar, but the same were returned with the bank memo stating as refer to drawer (no balance) on 12-11-1991 and 13-12-1991 respectively. The cheques were issued by the peti tioner knowing fully well that there was no balance in the bank in his account. Notices were sent to the petitioner to make payment under postal receipt but the amount was not paid within the specified time, hence the complaints. The petitioner has filed these petitions for quashing the complaints dated 5-12 1991 and 18-1-1992 Annexure P/2 (in both the case) and summoning order passed by Sub Divisional Judicial Magistrate, Moga, on 25-3-1992 Annexure P/3.

(3.) The petitioner alleged that he did not owe any amount to the respondent nor he had any business connections with him. The respondent was on friendly terms and in that capacity he used to come to his business premises. When he found five of his cheques missing from the cheque book, he lodged a complaint regarding theft of the cheques against the respondent which was pending in the Court of Judicial Magistrate Ist Class, Jalandhar. The com plaints against him were filed by the respondent on totally false al legations and notice as required by the Act was not given to him. The complaints were also not filed within limitation.