DILAWAR SINGH Vs. PANKAJ JOSHI

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Cr. P. C. praying for quashing of the order dated 26-5-2003 (Annexure p-6) and order dated 19-5-2005 (Annexure p-8), passed by the learned trial Court (sub divisional Judicial Magistrate, Balachaur ).

(2.) THE facts of the case are that the petitioner had paid an amount of Rs. 5 lacs to respondent No. 1 on the strength of the representation made by the said respondent that he would send the petitioner abroad. The respondent No. 1 failed to fulfill his obligation and when the petitioner demanded his amount back, he issued a cheque of Rs. 5 lacs bearing No. 445358 dated 31-7-1999 drawn on Oriental Bank of Commerce, manimajra. On presentation, the said cheque was dishonoured and returned with a remark "insufficient Funds". The petitioner served a legal notice and thereafter filed a complaint in the year 2000 under Section 138 of the negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act' ). The respondent was thereafter ordered to be summoned for 9-2-2001 vide orders dated 16-12-2000 after preliminary evidence was recorded.

(3.) THE respondent continued to evade the process of service and repeated process was issued by the Court for effecting the service upon him. Even bailable warrants were issued but the presence of the respondent could not be secured. The petitioner thereafter made an attempt to serve the respondent through publication which was allowed and the notice was published in the 'dainik Tribune'. Bailable warrants were again issued.