LAWS(P&H)-2019-7-356

SANDEEP KHANNA Vs. STATE OF PUNJAB

Decided On July 24, 2019
Sandeep Khanna Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been filed seeking quashing of complaint as also the orders passed by the Judicial Magistrate Ist Class, Kapurthala, summoning petitioner-accused vide order dtd. 8/8/2014, registered as NACT No.338 of 2016 under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act').

(2.) Quashing has been sought at preliminary stage when petitioner has only been summoned.

(3.) Learned senior counsel appearing for the petitioner has submitted that in view of notice dtd. 5/4/2015 issued by the complainant-respondent no.2, no case is made out under Sec. 138 of the NI Act. Relevant part of the notice is extracted as under:-