SURAJ SHARMA Vs. AJAY DAHIYA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the respondent. The petitioner seeks quashing of a criminal complaint filed by the respondent-complainant Ajay Dahiya under Sections 138 and 142 of the Negotiable Instruments Act, 1881. It has been averred, inter- alia that some amount was outstanding against this petitioner Suraj Sharma due to the respondent-complainant Ajay Dhiya. In order to clear that outstanding amount Cheque No. QWB 782557 dated 10.11.1993 drawn at Punjab National Bank, Pinjore was issued for a sum of Rs. 2500/-. The said cheque was payable at Panchkula. The complainant presented the Cheque through its Bank for collection but the said Cheque was returned unpaid with a memo dated 19.11.1993, stating that there was not sufficient funds in the account of the drawer of the Cheque and consequently, the cheque bounced. After serving the requisite notice on the petitioner-accused Suraj Sharma, the said complaint was filed.

(2.) THE petitioner has in his petition for quashing contended inter-alia, that as a matter of fact the amount outstanding had been paid to the respondent- complainant vide a receipt dated 10.11.1993, a copy of which has been annexed as Annexure P1 and consequently, nothing was due. For the reference sake the said Annexure P1 is re-produced as under :-

(3.) IN view of this, the allegations made in the complaint are to be prima facie seen and after examining the complaint from this angle, the same is in accordance with law and does not deserve quashing. Consequently, the petition for quashing has no substance and the same is dismissed.