RAJINDER KHAJURIA Vs. JAIN ENTERPRISES

JUDGEMENT

(1.) In the instant petition filed under Section 561-A Cr.P.C., the petitioner inter alia seeks quashment of the complaint titled Jain Enterprises through its Power of Attorney holder Sh. Rajnish Kumar Jain Vs. Rajinder Khajuria as well as order dated 23.10.2017 by virtue of which the trial court i.e. learned Mobile Magistrate (Electricity), Jammu has opined that prima facie a case for the commission of offence under Section 138 of the Negotiable Instruments Act has been established and issued process against the petitioner.

(2.) In this petition, it has been stated that the petitioner has been fraudulently implicated in the afore stated complaint under section 138 of the Negotiable Instruments Act by the respondent even receiving the cheque amount. The respondent has filed false and frivolous complaint joining hand with Prop. Ms Jain Enterprises being its Power of Attorney and without having authorization of the Prop. Ms Jain Enterprises i.e. payee as held by the Supreme Court of India most perfectly in the case titled A.C. Narayanan and anr. VS State of Maharashtra and ors. reported in AIR 2015 SC 1198 and the mandate of Sec. 142 of the N. I. Act. Petitioner being aggrieved by the complaint preferred by the respondent and order dated 23.10.2017 passed by learned Mobile Magistrate (Electricity), Jammu has challenged the same on the ground that complaint prima-facie reveals that the same is not maintainable; that it has not been verified or supported by affidavit. Attorney holder was not having personal knowledge of transaction in question. The impugned order passed by the trial court is the glaring example of abuse of the process of court.

(3.) I have considered the argument of counsel for petitioner and law on the subject.