VARINDER KUMAR KHULLAR Vs. MAHADEV TRADERS

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 482 Cr. P.C. for quashing the order dtd. 6/12/2021 passed by the court of learned City Judge, JMIC, Jammu (hereinafter to be referred as 'the trial court"), whereby the learned trial court has issued the process against the petitioner alongwith other accused for commission of offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the N.I. Act) in a complaint, titled 'M/s Mahadev Traders and Anr. vs. Arun Kumar and others'.

(2.) The petitioner has impugned the order dtd. 6/12/2021 on the ground that the learned trial court has issued the process against the petitioner in a routine manner that too without there being any basis or ground to form an opinion about prima facie evidence of commission of offence by the petitioner. It is further stated that the impugned order does not disclose either examination of or reliance upon any evidence to connect the petitioner with the affairs of M/s Joginder Nath Varinder Kumar, as there was no material or specific allegation in the complaint in respect of the role played by the petitioner in the transactions. It is also stated that as the petitioner was the resident of Rajouri, a District beyond the territorial jurisdiction of the trial court, the trial court could not have issued the process against the petitioner without resorting to the inquiry under Sec. 202 Cr. P.C.

(3.) Respondent Nos. 1 and 2 have filed their response, thereby stating that while adjudicating the petition under Sec. 482 Cr. PC, mini trial cannot be conducted by this Court and further that the respondent Nos. 1 and 2 have specifically documented the role of the petitioner, respondent No. 3 and accused No. 3 in the complaint during the business transactions with the respondent Nos. 1 and 2. They have denied that the Magistrate is required to proceed under Sec. 202 Cr. P.C. in complaint filed under Sec. 138 of the N.I. Act and the exercise of power under Sec. 202 Cr. P.C. is discretionary in nature, which cannot be exercised as a matter of course in ordinary manner.