BED RAM Vs. SHYAM LAL

JUDGEMENT

(1.) By way of instant petition, petitioner has sought the quashing of Complaint No.29-III/2022, titled as Shyam Lal Vs. Bed Ram, pending in the Court of learned Judicial Magistrate First Class, Court No.2, Mandi, District Mandi, H.P. and also order dtd. 21/1/2022, passed by the said Court.

(2.) The precise ground on which petitioner has prayed for aforesaid relief is that the complaint filed by respondent against the petitioner under Sec. 138 of Negotiable Instruments Act, is without any cause of action. As per petitioner, he is under no legal liability to pay any amount to the respondent much less the amount as claimed in the complaint filed by him. Petitioner further submits that respondent has misused the signed cheque of petitioner, which was lost in the year 2014. The fact of the matter, according to petitioner, is that he has filed a complaint No. 186- III/17/14 under Sec. 138 of Negotiable Instruments Act, against respondent way back in 2014 as the cheques issued by respondent, in favour of petitioner, to discharge his outstanding legal liability had remained unpaid on presentation. Said complaint is still pending adjudication before learned Judicial Magistrate First Class, Court No. 2, Mandi District Mandi, H.P. Respondent has been duly served. Since, petitioner already is in litigation with respondent, there is no question of any cheque being issued by him in favour of the respondent, as he was under no legal liability to do so.

(3.) Per-contra, the case of respondent is that the petitioner had issued the cheque favouring respondent with the undertaking that petitioner would withdraw his Complaint No. 186- III/17/14 and in case of failure to do so, respondent would be having right to present the cheque, in lieu of harassment caused to him. Thus, the cheque against which the complaint has been filed by the respondent against petitioner is stated to be for lawful consideration.