JOGINDER SINGH SIDHU Vs. VIRAT VERMA

JUDGEMENT

(1.) BY way of the present petition filed under Section 482 of the Code of Criminal Procedure, the petitioners pray for quashing of the complaint dated 18.4.1998 and the summoning order dated 3.2.2001 (Annexures P-1 and P-2).

(2.) THE respondent was admitted as a student in St. Kabir Institute of Pharmaceutical and Technical Education, Fazilka being run by the petitioners. On account of a change of policy, the respondent's admission was not recognized by the Government, and, therefore, he was unable to take the course. The petitioners dispatched cheque No. 9284568 dated 11.9.1997 for a sum of Rs. 35,000/- as refund of the fee charged from the respondent. This cheque was dishonoured and led to the respondent filing a complaint under Section 138 of the Negotiable Instruments Act. Vide the impugned order dated 3.2.2001, the petitioners were summoned to stand trial.

(3.) COUNSEL for the respondent, on the other hand, contends that the correctness of the afore-mentioned documents, alleged to have been executed by the petitioners, cannot be determined in proceedings under Section 482 of the Code of Criminal Procedure. It is denied that the respondent issued any such receipt. It is contended that a perusal of the photostat copy, as also the translation thereof, reveals that the alleged acknowledgement receipt does not bear any date. It is further argued that the offence having been committed by dis-honour of the cheque and the failure of the petitioners to pay money, as demanded in the notice of demand, served under Section 138 of the Negotiable Instruments Act, the complaint and the summoning order should not be quashed. It is also argued that the alleged receipt (Annexure P-4) is a part of the defence of the petitioners required to be established by adducing evidence before the trial Court and, therefore, the present petition be dismissed.