MAHESH GOYAL Vs. S K SHARMA

JUDGEMENT

(1.) This is a petition filed by Mahesh Goyal (hereinafter described as the petitioner) for quashing the complaint filed by respondent S. K. Sharma and the summoning order passed by the learned Judicial Magistrate, Dhuri.

(2.) The relevant facts are that the respondent filed a complaint against the petitioner u/S. 138 of the Negotiable Instruments Act, contending, that the petitioner had borrowed Rs. 6,200/- from the respondent. He had promised to return the same on demand. In discharge of the debt, the petitioner issued a cheque dated 1-6-1994 drawn in Indian Overseas Bank. The respondent presented the cheque to Punjab National Bank, but in turn sent it to the Indian Overseas Bank, Ambala Cantt. the cheque was returned with the remarks 'not arranged for'. Since the cheque was dishonoured, the respondent issued notice to the petitioner. The money was not paid within the stipulated time. Hence the complaint was filed. Learned Judicial Magistrate had summoned the petitioner as an accused vide his order dated 10-3-1995.

(3.) The petitioner contends that in the facts of the case, the provisions of S. 138 of the Negotiable Instruments Act are not attracted. It was self drawn cheque. In such like cheques which were drawn in own name, S. 138 of the Negotiable Instruments Act is not attracted and, therefore, the complaint and the order summoning the petitioner should be quashed.