PREM DAYAL Vs. SURENDER SINGH DESHTA

JUDGEMENT

(1.) The present petition is directed against the order 18/2/2022, passed by learned Judicial Magistrate, First Class, Court No.4, Shimla, vide which application filed by the petitioner (accused/applicant before the learned Trial Court ) seeking the dismissal of the complaint was rejected. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the learned Trial Court summoned the accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (NI Act). When the accused appeared before the learned Trial Court, he filed an application under Sec. 138 (b) of the NI Act. He asserted that he belongs to a BPL family. He had taken ?30,000/- as a loan from Bhagat Ram Deshta, father of the complainant and handed over a blank cheque as security to him. The accused paid the aforesaid loan together with an interest to Bhagat Ram Deshta. He demanded the cheque but he was told that the cheque was washed away with the clothes and accused should not worry about the same. The accused believed this representation and did not take any steps for the return of the cheque. The cheque was misused by the complainant, who filled the amount in the blank cheque without the consent of the accused. The parties are not even known to each other, as the complainant is residing in Shimla. The accused did not receive any notice except the summons of the Court. The accused filed an application to supply the copies of the documents.

(3.) The application was opposed by the complainant denying the contents of the application. The learned Trial Court held that the complaint can be dismissed under Sec. 203 of Cr.P.C. when there is insufficient ground for proceedings against the accused and under Sec. 204(4) of Cr.P.C. on technical grounds. There is no other provision in the Code of Criminal Procedure or the Negotiable Instruments Act to dismiss the complaint. The question whether the notice was served upon the accused or not is related to the merits and the complaint cannot be dismissed on the ground that no notice was ever served upon the accused.