KESHAV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking quashing of complaint bearing NACT No. 866 of 2023 titled as Rati Ram vs. Keshav Kumar, filed under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'NI Act'), pending before the competent Court at Narnaul, in view of civil suit No. 964 of 2024, filed by him seeking to declare him as an insolvent person.

(2.) Brief facts of the case relevant for the purpose of disposal of present petition are that the aforementioned complaint has been filed by the respondent on the allegations that the petitioner has taken a friendly loan of Rs.30,000.00 from him and in order to discharge his liability towards the said loan, he issued a cheque for a sum of Rs.30,000.00 in favour of the respondent. The said cheque had been dishonoured on presentation. Statutory notice was issued against the petitioner. He failed to pay the amount of cheque in question, thereby compelling the respondent to file the aforementioned complaint.

(3.) On considering the preliminary evidence produced by the respondent, the learned trial Magistrate summoned the petitioner to face trial for commission of offence punishable under Sec. 138 of the N. I. Act. The petitioner has prayed for quashing of the complaint by filing the present petition.