TRIDWEEP SINGH MALHAN Vs. BHARAT BHUSHAN

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure seeking quashing of complaint No. 2361 of 2018 titled as 'Bharat Bhushan vs. Tridweep Singh Malhan' pending before the learned Judicial Magistrate Ist Class, Bhiwani, as well as the order dtd. 6/8/2018 passed by the learned Magistrate thereby summoning the petitioner under Sec. 138 of Negotiable Instruments Act, 1881 (for short, 'NI Act').

(2.) Brief facts of the case relevant for the purpose of disposal of this petition are that the respondent-complainant filed the aforementioned complaint, on the allegations that he was having friendly relations with the petitioner. The petitioner borrowed a sum of Rs.30,00,000.00 from him on 28/1/2018 for his personal use with promise to return the same shortly. As a security for repayment of the borrowed amount, the petitioner had issued three cheques of Rs.10,00,000.00 each. He also executed a receipt and promissory note in favour of the respondent. The petitioner failed to repay the amount so borrowed. The cheques in question were presented for realization and were dishonored. The respondent-complainant served legal notice upon the petitioner calling upon him to pay the amount, but in vain, thereby compelling the respondent to file the aforementioned complaint.

(3.) The respondent produced preliminary evidence and vide order dtd. 6/8/2018, the petitioner has been ordered to be summoned as an accused.