MADAN LAL VERMA Vs. A.S. RANGA

JUDGEMENT

(1.) THE petitioner has filed the present petition, seeking quashing of the order passed by Judicial Magistrate, Ist Class, Chandigarh on 19.11.2003, whereby he was summoned as an accused in a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').

(2.) AS per the allegations levelled in the complaint by respondent A.S. Ranga, President Akhil Bhartiya Bank Employees' Cooperative Urban Salary Earners Thrift and Credit Society Limited, the present petitioner had taken a loan of Rs. 33,300/- in the year 1996 from the Society and in lieu of the repayment of the said loan, a cheque bearing No. 775528 dated 31.1.2002 for Rs. 70,728/- was issued. The said cheque was presented to the bank of the accused but was returned unpaid with the remarks "Referred to Drawer". A legal notice was thereafter served by the complainant upon the petitioner which was received by the petitioner on 27.3.2002. In spite of the same, the petitioner did not make the payment and, therefore, complaint dated 4.5.2002 was filed.

(3.) WHILE challenging the complaint and the summoning order, learned counsel for the petitioner has submitted that the cheque in question was payable to the Akhil Bhartiya Bank Employees' Cooperative Urban Salary Earners Thrift and Credit Society Limited for a sum of Rs. 70,728/-. If the said cheque was not honoured by the bank, only the aforementioned Society could file a criminal complaint whereas respondent, who claimed himself to be President of the said Society, could not do so by becoming a party in his personal capacity. It was also stated that even the notice as required by Section 138 of the Act (Annexure P-1) was issued by the respondent in his personal capacity being President of the Society and not on behalf of the Society itself.