P K WADHWA Vs. GURDIAL SINGH

JUDGEMENT

(1.) Heard.

(2.) It is the common case of the parties that cheque No. 164096 dated 15.11.1995 for a sum of Rs. 1.50 lacs was was issued under the signatures of N.K. Wadhwa and not by Shri P.K. Wadhwa, Petitioner,and in these circumstances of the prosecution of P.K. Wadhwa u/s 138 of the Negotiable Instruments Act is bad.

(3.) The present petition is allowed and the summoning order of the petitioner P.K. Wadhwa in the complainant u/s 138 of the Act is set aside. The complainant can always proceed against N.K. Wadhwa, who is the signatory of the cheque.