ASHOK KUMAR SOOD Vs. SOM NATH

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of order dated 11.5.2012 passed by Sessions Judge, Panchkula in revision filed by the respondent, whereby summoning order dated 18.10.2008 and the order serving notice dated 30.3.2011 passed by Chief Judicial Magistrate, Panchkula, was set aside.

(2.) THE case of the petitioner, who was the complainant, that he had filed a complaint under Section 138 of the Negotiable Instruments Act (Act for short) that the respondent had approached him for a loan of Rs.,3,50,000/ - regarding which the respondent issued a cheque on 1.4.2008 drawn on Oriental Bank of Commerce, Sarbha Nagar, Ludhiana. The cheque was returned with the remarks that no such account was standing with the bank concerned. The information was received on 17.4.2008. Thereafter the petitioner informed the respondent about it. The respondent requested the petitioner to present the cheque again but even on second presentation, the same remarks were given by the bank.

(3.) AFTER making preliminary enquiry, trial Court summoned the respondent as an accused. Revision petition was filed by the respondent before the Sessions Judge, Panchkula, which was allowed.