S K JAIN Vs. NARINDER SINGH

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the complaint (Annexure P 6) and the summoning order dated 1 3 1995 (Annexure P 7) passed by the chief Judicial Magistrate, Ludhiana.

(2.) SHRI Narinder Singh (respondent herein) alleging himself to be director of M/s. Genuine Wheels ( India ) Private Limited. Ludhiana , filed a complaint for the offences under Section 420 of the Indian Penal Code read with Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) against the petitioner Shri S.K. Jain who is stated to be proprietor of M/s. Mahaveer Agro Agencies, Indore . The allegations in the complaint, in brief, are that the petitioner used to purchase agricultural implements from time to time from the respondents and a sum of Rs. 1,37,205/ became due from the petitioner. In partial discharge of his liability the petitioner issued cheque bearing No. 962229 dated 15 9 1993 for Rs. 1,15,205/ drawn on Allahabad Bank, Indore . It is alleged in the complaint that the petitioner had given assurance that the cheque would be encashed on presentation through clearing. Accordingly, the cheque was presented by the respondent to its bankers at Ludhiana but the cheque was returned with the memo. "Payment stopped by the drawer". It is then alleged that the petitioner with mala fide intention issued the cheque to cheat the complainant (respondent herein) and he had no funds in the bank and as such he intentionally got the payment of the cheque stopped. A notice dated 1 2 1994 was sent to the petitioner but he failed to remit the amount of the said cheque. Consequently the respondent filed a complaint before the Chief Judicial magistrate Ludhiana for the offences stated above. After recording preliminary evidence in support of the complaint, the Chief Judicial Magistrate passed the impugned summoning order (Annexure P 7).

(3.) IN his reply filed by the respondent it has been reiterated that the cheque in question had been issued by the petitioner in discharge of the part liability towards the price of the goods supplied to him; that the petitioner has concealed all the material facts inasmuch as he had sent the letter dated 27 5 1993 promising to pay the balance amount that a legal notice was served upon the petitioner before filing of the present petition but he kept mum and did not send any reply. Under these circumstances it is pleaded that exercise of the powers under Section 482 of the Code prior to the commencement of the trial and leading of evidence is not desirable.