ADITYA MALHOTRA Vs. DHARMINDER SINGH

JUDGEMENT

(1.) The petitioner through the medium of present petition has challenged the complaint filed by the respondent against him and his proprietary concern alleging commission of offence under Sec. 138 Negotiable Instruments Act read with Sec. 420 RPC. Challenge has also been thrown to order dtd. 24/7/2021 passed by Judicial Magistrate 1st Class (Special Mobile Magistrate), Jammu(hereinafter to be referred as the Trial Magistrate), whereby cognizance of the offences has been taken and the process has been issued against the petitioner.

(2.) It appears that a complaint came to be filed by the respondent against the petitioner and M/s ANN Infrastructure before the learned Trial Magistrate alleging therein that a cheque in the amount of Rs.60.00 lacs was issued by the petitioner from his account maintained with Axis Bank Limited Jammu in discharge of his liability towards the respondent. It has been further pleaded in the complaint that when the said cheque was presented by the respondent/complainant for encashment through his banker ICICI Bank Limited in his account No. 003101041811, the same was returned unpaid with the endorsement on the memo "title of account required" vide memo dtd. 30/9/2020. It was further pleaded by the complainant that a legal notice/demand dtd. 8/10/2020 was served by the respondent upon the petitioner but in spite of receipt of the same, he failed to repay the cheque amount. Accordingly, the impugned complaint for commission of offence under Sec. 138 Negotiable Instruments Act and Sec. 420 RPC was filed before the learned Trial Magistrate.

(3.) It appears that the learned Trial Magistrate after going through the preliminary statement of the complainant in the shape of a sworn affidavit and the documents annexed with the complaint, framed a prima facie opinion that the offence under Sec. 138 Negotiable Instruments Act is made out against the petitioner and the co-accused. Accordingly vide impugned order dtd. 24/7/2021 process has been issued against the petitioner and the co-accused.