BALWINDER SINGH Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) BY means of this petition filed under Section 482 Cr.P.C. the petitioner seek the quashing of complaint (copy Annexure P1) lodged by the respondent Punjab and Sind Bank and order of summoning (copy Annexure P2) passed by Shri K.C. Gupta, Judicial Magistrate Ist Class, Gurdaspur.

(2.) THE petitioners are alleged to have issued a cheque for a sum of Rs. 20,000/- in favour of the respondent Punjab and Sind Bank, which was dishonoured due to insufficient funds. The petitioners counted that a request was made to the respondent bank to take a draft for Rs. 20,000/- and to settle the dispute but the respondent did not agree to accept the draft of the amount of cheque. In order to show the bonafides, the petitioners got a draft prepared for a sum of Rs. 20,000/- copy of which is Annexure P3. It is further submitted that he petitioner are still ready to handover the draft to the respondent. The quashing of the FIR is sought on the ground that the cheque was issued by one of the partners of the firm and the other partners have nothing to do with the issuance thereof. The other ground taken is that the complaint was based on the fact that the cheque was presented twice in order to gain the period of limitation, which was impermissible as per law settled by this Court. Thus, the proceedings arising out of the impugned complaint are illegal and an abuse of the process of the Court. Yet another ground on which the complaint is sought to be quashed is that the petitioners No. 2, 3 and 4 have not been served with the notice.

(3.) I have heard the learned counsel for the petitioners and learned counsel for the respondent. I have carefully perused the record of the case.