(1.) The petitioner Satinder Kapur who is the Managing Director of Messrs. Indian Magnetic Ltd. has approached this Court under Section 482. Code of Criminal Procedure for quashing the criminal proceeding pending against him before the learned Chief Judicial Magistrate Shimla for the offence under Section 138. Negotiable Instruments Act. Thereinafter referred to as the Act) being Criminal Case No. 51/3 of 1997
(2.) Admittedly the petitioner had issued a cheque dated 31-3- 1997 in favour of the respondent for a sum of Rs. 68.000/-. This cheque on having been presented to the Bank by the respondent for encashment was returned dishonoured with the endorsement In sufficient funds". The respondent thereafter launched prosecution against the petitioner by preferring a complaint before the learned Chief Judicial Magistrate. Shimla.
(3.) By virtue of the present petition challenge has been laid to the continuation of the criminal proceedings inter-alia on the following grounds: