SURENDER SHARMA Vs. NEK RAM VERMA

JUDGEMENT

(1.) The present petition has been maintained by the petitioner/accused under Section 482 of the Code of Criminal Procedure for quashing and setting aside the order dated 04.08.2018 passed by the learned Additional Sessions Judge(1), Shimla, H.P. in Cr. Revision No.6-S/10 of 2018.

(2.) Briefly stating the facts, giving rise to the present petition are that the respondent/complainant (hereinafter to be referred as the 'respondent') filed a compaint under Section 138 of the Negotiable Instrument Act before the learned Chief Judicial Magistrate, Shimla, H.P. It has been alleged that the learned Chief Judicial Magistrate took cognizance and the petitioner/accused was summoned. Notice of Acquisition was also framed and the petitioner pleaded not guilty and thereafter the case was fixed for evidence on behalf of the complainant/respondent. The complainant was examined on 18.03.2017 and thereafter the evidence on behalf of complainant was closed.

(3.) As per the petitioner, his case is that he has not filled in the cheque (CW-1A), except the signatures in the alleged cheque and the cheque was given as a security money to the tune of Rs.2,50,000/- to the complainant, which was later on misused by the complainant/respondent by filing fake complaint under Section 138 of the Negotiable Instrument Act before the learned Chief Judicial Magistrate.