ATUL JAIN Vs. CHIEF JUDICIAL MAGISTRATE JALANDHAR

JUDGEMENT

(1.) ATUL Jain, the petitioner, has invoked the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure for quashing the complaint dated 27. 9. 1993 (Annexure R1), summons dated 9. 3. 1994 (Annexure R3), notice dated 11. 3. 1995 (Annexure R4) and the subsequent proceedings pending before the Chief Judicial Magistrate, Jalandhar respondent No. 1 in Criminal complaint case no. 154/2 of 1993.

(2.) THE facts lie in a narrow compass. Rajinder Kumar Jain, father of the present petitioner, is alleged to have purchased certain goods on credit from respondent No. 2 vide Bill No. 793 dated 16. 1. 1993 for Rs. 54924. 25, although the petitioner had signed the Bill in token of having received the goods under the said Bill. The said Rajinder kumar Jain issued a cheque (No. JLA- 0475152) dated 6. 7. 1993 for Rs. 54924. 25, drawn on the Bank of India, Industrial Area Branch, Jalandhar City, in favour of the complainant i. e. respondent No. 2, which was dishonoured on presentation by the Bankers of said Rajinder Kumar Jain for want of funds. After serving a legal notice, respondent no. 2 filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act') against Rajinder Kumar Jain and the present petitioner.

(3.) AFTER recording preliminary evidence in support of the said complaint, Chief Judicial magistrate, Jalandhar, passed the order dated 24. 2. 1994, the relevant portion of which reads as under :