NARESH PALIWAL @ NARESH KUMAR Vs. MUKESH KUMAR

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 528 of BNSS, 2023, is for quashing of criminal complaint No.890-NACT-2023 dtd. 19/9/2023 (Annexure P-1) filed under Sec. 138 of the Negotiable Instruments Act, 1881, by the respondent titled as 'Mukesh Kumar vs Naresh Paliwal', as well as the summoning order dtd. 3/1/2024 (Annexure P-2), passed by learned Judicial Magistrate 1st Class, Fatehabad, vide which the petitioner has been summoned to face trial under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) Learned counsel for the petitioner, inter alia, contends that the complainant/respondent is not known to the petitioner. Further there is no transaction taken place between the petitioner and respondent. The cheque, in question was misplaced and the petitioner has informed the concerned Bank for stoppage of the payment. Thereafter, the complainant has somehow found the cheque, in question and misused the same by filling Rs.5.00 lacs. There is no evidence available on record to show that the complainant/respondent has the capacity to pay Rs.5.00 lacs. Further the petitioner has gone to Dubai on 30/7/2023 and returned to India on 5/8/2023 as discernible from the copy of Passport (Annexure P-3) and air ticket (Annexure P-4), as such, the petitioner is not present in India on 2/8/2023, as alleged in the complaint (supra).

(3.) Having heard learned counsel for the petitioner and after perusing the record with his able assistance, this Court is of the considered opinion that it cannot examine the probable defence of the petitioner set up in the present petition, at this stage.