MANOJ KUMAR Vs. SINGH FINANCE CORPORATION

JUDGEMENT

(1.) Prayer in this petition, filed under Section 482 Cr.P.C., is for quashing of the Criminal Complaint Case No. 32040/2013 instituted on 24.01.2013 titled as M/s Singh Finance Corporation vs. Manoj Kumar under Sections 406 and 420 of the Indian Penal Code (for short 'IPC') (Annexure P-3) and all subsequent proceeding arising therefrom including summoning order dated 15.07.2014 (Annexure P-4), passed by the trial Court, vide which, the petitioner has been summoned to face trial under Section 420 of the IPC.

(2.) This petition is pending since 2015 and while issuing notice of motion, further proceedings before the trial Court were stayed. However, noticing the fact that no one is appearing on behalf of the petitioner and the respondent, the interim order was vacated on 21.05.2018.

(3.) Learned counsel for the petitioner has argued that on the same set of allegations, prior to filing of the impugned complaint, respondent 1 of 9 complainant M/s Singh Finance Corporation through its partner Pritpal Singh had filed a complaint under Section 138 of the Negotiable Instruments Act (for short 'N.I. Act') on account of dishonouring of a cheque of Rs. 31,240/-. The petitioner-accused appeared in the said complaint and contested the same and the Judicial Magistrate First Class, Jalandhar, vide order dated 20.01.2014, acquitted the petitioner by passing the following order: