HARJEET SINGH KHANGORA Vs. MULKH RAJ

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of Cr.P.C. seeking quashing of Criminal Complaint bearing No. COMA/166/2018 (Annexure P-1), tiled as Dr. Mulkh Raj vs. Harjeet Singh and others, filed under Ss. 138, 141 and 142 of the Negotiable Instruments Act, 1881 (for short 'N. I. Act') as well as for quashing of order dtd. 1/3/2018 (Annexure P-2) whereby the petitioners had been summoned to face trial for commission of aforementioned offences.

(2.) Brief facts relevant for the purpose of disposal of this petition are that the aforementioned complaint has been filed by respondent No. 1/complainant against the petitioners and their firm M/s Guru Ram Dass Agro Industries and Implements (for short 'firm') on the allegations that the petitioners, who were partners in the said firm, had insisted him to provide financial help. Respondent No.1 had given a cheque for a sum of Rs.5.00 Lakhs to them in December, 2013 and cash amount of Rs.3.00 Lakhs in March, 2014. They had subsequently induced him to get collateral guarantee given by one farmer to them to the tune of Rs.14.50 Lakhs on the representation that on release of such guarantee, the farmer would return the aforementioned amount to them and they would return the amount of Rs.8.00 Lakhs payable by them to respondent No.1. In order to discharge their liability, the petitioners issued 08 cheques to the tune of Rs.8.00 Lakhs in favour of respondent No. 1. Those cheques were presented on 28/12/2017 for realization but had been dishonoured. The petitioner and other accused failed to pay the amount of cheques in question even after issuance of legal notice, thereby compelling respondent No. 1 to file the impugned complaint.

(3.) On considering the preliminary evidence produced by the respondent No.1/complainant, the learned trial Magistrate, vide impugned order dtd. 1/3/2018, summoned the petitioners to face trial for commission of offence punishable under Sec. 138 of the N. I. Act. The petitioners have prayed for quashing of the complaint as well as the summoning order by filing the present petition.