RAMESHWAR KUMAWAT Vs. NAVDEEP JHANWAR

JUDGEMENT

(1.) Both these petitions are being disposed of by this judgment as a common point of law has been urged.

(2.) In Cr.M.M.O No.169 of 2009, complaint has been instituted against the petitioner herein under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I. Act ) on the allegations that he had issued a cheque No.216279, dated 10.1.2005 for Rs.10,00,000/- (Rs.ten lacs) drawn on the State Bank of Bikaner and Jaipur in satisfaction of a purported acknowledged debt. When this cheque was presented by the complainant to his banker for clearance i.e. the State Bank of Patiala, Hamirpur, it was dishonoured on presentation. Hence the complaint. Prayer made is that the order passed by the learned Chief Judicial Magistrate, Hamirpur on 7.8.2006 summoning the accused-petitioner herein to face trial under the N.I. Act be quashed and set aside.

(3.) In Cr.M.M.O. No.79 of 2010, the order of the learned Additional Sessions Judge, Fast Track Court, Hamirpur, dismissing the revision petition instituted by the petitioner herein challenging the legality of the summoning order has been challenged. In both these petitions, the submission made by learned counsel appearing for the petitioner is that the summoning order has been passed without any application of mind and against the material on the record and the revisional order does not at all determine the jurisdiction of the trial Court to proceed in the matter.