SHYAM LAL Vs. SURESH KUMAR AND ANOTHER

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashing the order dated 5.8.2013 and 7.12.2013 passed by learned Judicial Magistrate 1st Class, Joginder Nagar, District Mandi, H.P.

(2.) The petitioner is being prosecuted under Section 138 of the Negotiable Instruments Act, 1881 (for short Act), though he claims that the cheque in question had been lost and for which he had lodged a complaint with the Police Station at Joginder Nagar on 25.10.2011 and thereafter had closed his account on or about 11.5.2012, whereas the cheque in question came to be presented and dishonoured much later in July, 2012 and this according to him is a clear cut case where the process of the Court is being abused.

(3.) On 5.8.2013 the learned Magistrate after hearing the complainant and perusing the record, recorded its satisfaction regarding existence of sufficient grounds to proceed against the petitioner for offence under Section 138 of the Act and accordingly, issued summons for 25.9.2013. The order dated 5.8.2013 reads as under: