VED MAHAJAN Vs. JANKI NATH BUDKI

JUDGEMENT

(1.) The petitioner-Ved Mahajan issued Cheque No. 665890 dated 25.09.2006 for Rs. 3,30,000/- in favour of Janki Nath Budki-respondent. It was dishonoured when presented for payment. The respondent learnt about dishonour of Cheque on 06.10.2006. He sought payment of the amount covered by the Cheque serving Notice on the petitioner. The payment was avoided on one or the other pretext.

(2.) Another Notice was sent by the respondent to the petitioner on 14.10.2007 seeking payment within fifteen days with the intimation that non-payment of amount within fifteen days would entail prosecution under Section 138 of the Negotiable Instruments Act, 1881.

(3.) Learned Judicial Magistrate, Ist Class (Fourth Additional Munsiff), Jammu issued process on the respondent's Complaint prima facie finding commission of offence under Section 138 of the Negotiable Instruments Act by the petitioner. The petitioner seeks quashing of proceedings before the learned Magistrate on respondent's Complaint. Considered the submissions of learned counsel for the parties.