CHARANJEET SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) This order shall decide both the above mentioned petitions as they arise from identical factual matrix. However, for the sake of brevity, the facts are taken from CRM-M-54012-2023.

(2.) The present petition has been preferred under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking quashing of complaint bearing No. 169 of 2019 titled 'Kulwant Singh vs. Jasbir Kaur and another' under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter 'NI Act') as well as summoning order dtd. 19/9/2022 (Annexure P-5) passed by learned Judicial Magistrate 1st Class, Samrala and all subsequent proceedings arising therefrom.

(3.) Briefly, the facts, as alleged, are that in the Month of May, 2018, the petitioner approached the respondent for a friendly loan of Rs.7,50,000.00 to expand his business. At the time of taking the said loan, the petitioner promised to return the same in the month of April, 2019. The petitioner kept delaying the repayment of the loan but ultimately, issued a cheque bearing no. 047132 dtd. 12/6/2019 for an amount of Rs.7,50,000.00. However, on presentation for encashment, the same was returned vide memo dtd. 13/6/2019 with the remarks 'funds insufficient.' Subsequently, a legal notice dtd. 5/7/2019 was served on the petitioner. However, it was later realised by the counsel for the respondent that the notice was erroneously sent in the name of one Rishi Jain. Accordingly, a corrigendum-cum-rejoinder dtd. 24/7/2019 was issued to the petitioner and his counsel. Since the petitioner failed to repay the said amount in the stipulated period, the complaint (supra) was instituted.