M/S NEW JCO Vs. UTKARSH SHARMA

JUDGEMENT

(1.) The present petition has been filed for quashing of Criminal Complaint No. 327 of 2025 titled Utkarsh Sharma vs M/s New JCO and another, pending before the learned Additional Chief Judicial Magistrate, Theog (learned Trial Court) and also the order dtd. 5/8/2025 passed by the learned Trial Court for taking cognisance. (The parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience .)

(2.) Briefly stated, the facts giving rise to the present complaint are that the complainant filed the complaint before the learned Trial Court for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (NI Act). It was asserted that the accused purchased an apple crop from the complainant worth ?4,46,472/-. The accused issued a cheque bearing No.508284 dtd. 21/4/2025 for ?4,46,472/-. The complainant presented the cheque to his bank, but it was dishonoured on 16/5/2025 with the remarks "insufficient funds". The complainant served a legal notice upon the accused on 13/6/2025. The accused failed to repay the amount; hence, the complaint was filed before the learned Trial Court to take action as per the law.

(3.) The learned Trial Court found sufficient reason to summon the accused vide order dtd. 5/8/2025.