M B METAL INDUSTRIES Vs. VIJAY IMPEX

JUDGEMENT

(1.) Petitioner seeks quashing of complaint No. Nact/33485/2013 dated 23.05.2013 (Annexure P-1) titled as "M/s Vijay Impex Vs. M/s M.B. Metal Industries" filed under Section 138 of Negotiable Instruments Act, 1881 (for short the Act) pending in the Court of learned Judicial Magistrate Ist Class, Jalandhar along with all subsequent proceedings including summoning order dated 26.07.2013(Annexure P-2) passed by the trial Court under the Act.

(2.) The background of case is that respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 before Judicial Magistrate Ist Class, Jalandhar alleging that in order to discharge the liability accused( the present petitioner) had issued a cheque bearing No.127042 dated 04.02.2013 for Rs.8,46,428 on 04.02.2013. Before the due date of the cheque, a sum of Rs. 3,97,000/- was paid by the accused through transfer and the balance outstanding amount was Rs. 4,49,428/-. The balance payment was not made. Plaintiff presented the cheque to the bank which was dishonoured on 15.04.2013 with the remarks "insufficient funds". Thereafter after serving the legal notice the complaint was filed. After recording preliminary evidence the learned Judicial Magistrate Ist Class, Jalandhar vide impugned order Annexure P-2 summoned the accused under Section the Act to face trial. I have heard learned counsel for the parties and have also carefully gone through the case file.

(3.) It comes out that admittedly out of cheque amount of Rs. 8,46,426/- a part payment of Rs. 3,97,000/- was made and in this way due amount was Rs.4,49,428/-. However the cheque was presented to the bank for the entire amount and was dishonoured with the remarks "insufficient funds".