VISHAL SHARMA Vs. BALKARAN SINGH

JUDGEMENT

(1.) The petitioner is seeking quashing of criminal complaint bearing No. 517/20.7.2012 RT No. 469/21.7.2012 (Annexure P-8), titled as Balkaran Singh Vs. Vishal Sharma, under Section 138 of Negotiable Instruments Act, 1881(for brevity, 'the Act') and consequent proceedings including the summoning order dated 01.08.2012(Annexure P-9).

(2.) The brief facts first. A complaint under the Act was filed by the respondent as cheque bearing No. 058672 dated 20.06.2012 for Rs. 95 lacs was dishonored. The payment was stopped by the drawer. A legal notice dated 13.07.2012 (Annexure P-6) was issued by the respondent through his counsel calling upon the petitioner to make the payment of cheque amount within a period of 15 days. The petitioner sent a reply to the legal notice on 17.07.2012. The complaint was filed on 20.07.2012. A civil suit was also stated to have been filed against the petitioner.

(3.) The complaint is sought to be quashed on the ground that prior to taking cognizance no procedure as contemplated under Section 202 Cr.P.C. was adopted and that the summoning order was passed by the Court which had no jurisdiction.