AMANJOT SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) Prayer in this petition is for quashing of complaint dtd. 22/11/2007 (Annexure P3) as well as for setting-aside the summoning order dtd. 15/2/2008, vide which the petitioner was summoned to face the trial under Sec. 138 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act').

(2.) Brief facts of the case are that the petitioner purchased a Honda City car bearing registration No.CH01-V-1896 on 17/6/2007 from the complainant. It is further stated in the complaint that Rs.1,85,000.00 was fixed as price of the car on 17/6/2007. Out of the aforesaid amount, Rs.5,000.00 was paid in cash by the petitioner and a cheque of Rs.1,80,000.00 dtd. 18/6/2007 was handed over to the respondent, which was duly signed by one Bhupinder Kaur, who is stated to be wife of the petitioner. The possession of the car was given to the petitioner on the same day i.e. 17/6/2007. Thereafter, when the respondent presented the cheque for getting the same encashed on 20/6/2007 in the Chandigarh State Co-operative Bank at village Dadu Majra, U.T., Chandigarh, the same was returned by the Bank with the remarks "Payment stopped by drawer" vide memo dtd. 22/6/2007. After disclosing the said factual position to the respondent/complainant, the petitioner assured the complainant that he should present the cheque again and the same would be honoured by the bank. Thereafter, again the complainant/respondent presented the cheque in his bank on 6/10/2007 but the same was again returned with the remarks "Payment stopped by drawer" vide memo dtd. 6/10/2007. Thereafter, a legal notice dtd. 20/10/2007 was issued to the petitioner by the complainant through his counsel but even thereafter, the petitioner failed to give the money to the complainant and later, the complainant filed a complaint dtd. 22/11/2007 under Sec. 138 of the N.I. Act before the trial Court.

(3.) It is worth noticing here that this petition is pending since 2014 and the proceedings before the trial Court were stayed on 8/7/2014, therefore, this case was taken up in the Urgent List.