RAJESH KUMAR Vs. PAWAN KAUSHIK

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of order dated 26.09.2018 (Annexure P -4) passed in Complaint No.7402 of 2016 dated 09.06.2016 titled as 'Pawan Kaushik Vs. Rajesh Kumar' under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short, "the N.I. Act") whereby the application filed by the respondent/complainant under Section 311 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") was allowed.

(2.) , Briefly stated, the facts relevant for the disposal of the present petition are that the respondent/complainant filed complaint under Section 138 of the N.I. Act on the averments of dishonour of cheque bearing No.013660 dated 23.04.2016 drawn for an amount of Rs.90,000/- on Oriental Bank of Commerce, Sector-14, HUDA Complex, Gurgaon issued by the petitioner/accused in discharge of his liability under the friendly loan, due to "insufficient funds" and failure of the petitioner/accused to pay within fifteen days in response to the notice served upon him.

(3.) During trial, while the case was fixed for evidence of the complainant, the respondent/complainant filed an application under Section 311 of the Cr.P.C. for his re-examination for producing agreement dated 09.04.2016. The application was allowed by the Judicial Magistrate 1st Class, Gurugram.