OM PARKASH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) This is a petition filed by Om Parkash (hereinafter described as the petitioner) seeking quashing of the complaint and the subsequent summoning order regarding the petitioner as an accused.

(2.) The relevant facts are that respondent-Gurcharan Singh filed a criminal complaint against the petitioner with respect to the offence punishable under Section 138 of the Negotiable Instruments Act (for short the Act). It was contended that petitioner had issued a cheque dated 17-5-1993 for Rs. 28,000/- to the respondent against part payment of the amount. The respondent presented the said cheque to his banker (State Bank of India. Naraingarh). It was dishonoured by the banker of the petitioner i.e. State Bank of Patiala, Ropar vide endorsement dated 22-11-1993. The banker of the respondent informed him regarding dishonouring of the cheque on 24-11-1993. The respondent issued a notice dated 6-12-1993 with a direction to remit the amount of the cheque. Despite the said notice, the payment had not been made. On these broad facts complaint with respect to Section 138 of the Act was filed. The learned Additional Chief Judicial Magistrate, Ambala after recording the preliminary evidence summoned the petitioner as an accused with respect to the abovesaid offence.

(3.) The petitioner seeks quashing of the complaint and the summoning order alleging that respondent had submitted the cheque to the State Bank of India, Naraingarh on 16-11-1993. The banker of the respondent sent the cheque to State Bank of Patiala, Ropar on 22-11-1993 and was dishonoured on that date. As per the petitioner, the presenting of the cheque to the banker of the petitioner was done after expiry of six months and consequently, the complaint was not maintainable.