DEVINDER KUMAR SHARMA Vs. VIKAS SOOD

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed for setting aside order dated 18.8.2011 passed by Judicial Magistrate 1st Class, Joginder Nagar in Case No. 28 -III of 2009 titled Vikas Sood vs. Devinder Kumar and for allowing the application under Section 243 Cr.P.C. filed by the petitioner.

(2.) THE facts, in brief, are that respondent has filed complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 on account of bouncing of cheque dated 14.9.2008 amounting to Rs.40,000/ -. The trial Court took cognizance of the complaint and issued summons to the petitioner. The statements of respondent and his two witnesses have been recorded. The statement of petitioner under Section 313 Cr.P.C. has also been recorded.

(3.) THE petition has been contested by the respondent by filing reply in which preliminary objections of maintainability, cheque in question was issued for payment due to respondent from petitioner inasmuch as on account of business transaction between respondent and petitioner, an amount of '.40,054/ - was due and payable to the respondent from the petitioner. Therefore, petitioner issued cheque of Rs. 40,000/ - to the respondent. The respondent before filing the complaint issued notice to the petitioner which was not replied. The petitioner is trying to mislead the Court by stating that the cheque is forged by doing some tampering. This is a concocted version of the petitioner. The filing of the petition is an abuse of the process of law. On merits, the respondent has denied the case of the petitioner.