NAVNEET KAPOOR Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been moved for quashing the complaint filed under Sections 420/406/34 of the Indian Penal Code and under Section 138 of the Negotiable Instruments Act as well as the summoning order dated 27 -03 -2006, attached as Annexure P -2 to this petition.

(2.) ON cheques being dishonoured, a legal notice was issued, but as the payment was not made within 7 days as directed, the complaint was filed. The offence under Sections 420 and 406 read with Section 34 IPC was not made out on the allegations leveled in the complaint. However, vide order dated 27 -03 -2006 passed by the Judicial Magistrate 1st Class, Bathinda, the petitioner was summoned under Section 138 of the Act, as he failed to make the payment in spite of receipt of notice.

(3.) IT is the case of the petitioner that he is permanent resident of Moga and he has approached the ICICI Bank at Moga for grant of personal loan which was sanctioned. The petitioner gave 12 cheques of Rs. 4,581/ - each drawn on Dena Bank, Branch Moga. These cheques were said to have been given as a security.