REENA DEWAN Vs. UMESH KUMAR

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of Complaint No. 64 of 2016 dated 29.1.2015/10.8.2016 (Annexure P/4) under Section 420 IPC and summoning order dated 9.12.2016 (Annexure P/9) passed by learned Judicial Magistrate Ist Class, Panchkula and the order dated 31.10.2017 (Annexure P/11) passed by learned Additional Sessions Judge, Panchkula whereby revision petition filed by the petitioner was dismissed.

(2.) Facts relevant for the purpose of decision of the present petition; that both the parties had business dealings and in that process, complainant had issued 19 cheques and out of those, 14 cheques were bounced. Respondent filed various complaints under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act"). The details of complaints filed against the petitioner alongwith number of cheques involved is as under:- <FRM>JUDGEMENT_192_LAWS(P&H)7_2019_1.html</FRM>

(3.) Respondent filed complaint against the petitioner and as per provisions of Section 156(3) Cr.P.C., FIR was registered and after investigation, the allegations were found to be false. Thereafter the complainant filed a private complaint and in that, respondent made reference to two cheques allegedly issued by the petitioner bearing No. 359028 for Rs.50,000/- and another cheque bearing No. 303712 for Rs.25,000/- and for that purpose, separate complaints under Section 138 of the Act was filed.