AYUSH GARG @ AAYUSH Vs. SUDESH KUMAR

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of Cr.P.C. seeking quashing of complaint bearing NACT No. 66 of 2019 titled as Sudesh Kumar v. Ayush Kumar Garg, filed under Ss. 138 and 142 of Negotiable Instruments Act, 1881 (for short 'NI Act') which is pending before the Court of learned Sub Divisional Judicial Magistrate, Hansi along with all the subsequent proceedings having emanated therefrom including the order dtd. 13/5/2019, whereby the present petitioner had been ordered to be summoned as an accused and had been called upon to appear and to face trial for commission of aforementioned offence.

(2.) Brief facts of the case relevant for the purpose of disposal of present petition are that the aforementioned complaint has been filed by the respondent under Sec. 138 of the N. I. Act against the petitioner/accused on the allegations that the petitioner had borrowed a sum of Rs.5.00 Lakhs from him in three installments and had promised to pay the same back within a short time. When the respondent insisted him for repayment of his money, the petitioner had issued a cheque for a sum of Rs.5.00 Lakhs to him. This cheque was, however, dishonoured on presentation with the remarks 'funds insufficient'. Despite, legal notice being served, the petitioner did not pay the amount of cheque in question to the respondent, thereby compelling the respondent to file the aforementioned complaint.

(3.) On presentation of the complaint and after recording of preliminary evidence produced by the respondent, the learned trial Magistrate, vide order dtd. 13/5/2019, summoned the petitioner to face trial for commission of offence punishable under Sec. 138 of the N. I. Act. The petitioner has prayed for quashing of the complaint as well as the summoning order by filing the present petition.