AMIT SINGLA Vs. IDEA CELLULAR LTD AND OTHERS

JUDGEMENT

(1.) Prayer made in the present petition fled under Section 482 Cr.P.C. is for quashing of Criminal Complaint No.1452, dated 10.02.2012 under Sections 138 read with Section 142 of Negotiable Instruments Act, 1881 (for brevity "the Act") titled as "Idea Cellular Ltd. vs. Amit Singla & another", pending in Court of Ld. Judicial Magistrate Ist Class, Chandigarh (Annexure P-1) and summoning order dated 10.02.2012 passed by learned JMIC, Chandigarh (Annexure P-2) qua the petitioner.

(2.) Learned counsel for the petitioner contends that the cheque in question was never issued by the petitioner rather, the same was issued by Amit Bhatnagar and, therefore, the petitioner does not fall within the ambit of Section 138 of the Act.

(3.) In support of his contention, learned counsel for the petitioner while relying upon a judgment of Hon'ble Apex Court in Jugesh Sehgal Vs. Shamsher Singh Gogi, 2009 3 RCR(Cri) 712 contends that in order to invoke Section 138 of the Act, a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person. Since the petitioner has never issued the cheque in question, therefore, the complaint in question cannot survive and is liable to be dismissed.