KULDEEP SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) The petitioner assails order dated 26.05.2014 passed by learned Additional Sessions Judge, Ludhiana whereby a revision petition filed by him challenging summoning order dated 31.1.2013 (Annexure P-2) has been dismissed.

(2.) It may here, however, be mentioned that in the grounds of revision (Annexure P-5) filed before Court of Sessions and also in the impugned order, the summoning order is being referred to as order dated 5.2014 whereas petitioner was summoned vide order dated 31.1.2013. It appears that the petitioner after having been summoned vide order dated 31.1.2013 (Annexure P-2), had subsequently moved an application for his discharge which was dismissed on 5.2014 and which was challenged by way of filing a revision which was also dismissed by the learned Additional Sessions Judge vide impugned order dated 26.5.2014. Somehow the order dated 5.2014 has not been annexed with this petition.

(3.) The respondent complainant had filed a complaint dated 5.4.2012 under Section 138 of Negotiable Instruments Act alleging therein that the petitioner with whom he was having cordial relations had taken an amount of Rs. 7 lacs from him as a friendly loan and subsequently upon his repeated requests, the petitioner had issued a cheque dated 15.2.2012 for an amount of Rs. 7 lacs but upon presentation of the same for encashment, the same was dishonoured with the remarks "non-MICR cheque". The complainant alleged that the said remarks were obtained by the accused in connivance with bank officials and that in fact the accused was not having sufficient funds to honour the cheque in question. After serving requisite legal notice, the complainant proceeded to file complaint in which the following order was passed by learned JMIC on 31.1.2013 for summoning the petitioner:-