AMAR JEET KALRA Vs. DEEPAK GOLCHA

JUDGEMENT

(1.) Present petition under section 482 of Code of Criminal Procedure, 1973 for quashing of Criminal Complaint No. 1526 of 28.10.2014 titled Deepak Golcha v. M/s Lakhani India Limited and others [Annexure P/10] under sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 [for short, "the Act"] has been filed by Amar Jeet Kalra, petitioner herein, mainly on the ground that the present petitioner was summoned to face trial on the basis of summoning order dated 28.10.2014 [Annexure P/11] passed by Judicial Magistrate 1st Class, Faridabad and subsequent proceedings therefrom.

(2.) Facts relevant for the purpose of decision of the present petition; that Deepak Golcha, complainant - respondent herein, had filed a complaint under sections 138, 141 and 132 of Negotiable Instruments Act, 1881 (for short, "the Act") that two cheques bearing Nos. 464399 dated 20.08.2014 and No. 464398 dated 26.08.2014 were issued and the same were returned with the remarks "Funds Insufficient" and "Account Blocked" respectively. Despite issuance of notice, payment was not made and as such, the complaint, Annexure P/10 was filed on 28.10.2014.

(3.) Learned Magistrate on the basis of material before him, passed the summoning order, dated 28.10.2014 (Annexure P/11).