- (1.) The Bareilly Consumer Court decreed the claim of the complainant/Respondent No. 2 against The Punjab Auto Finance, Bareilly' represented by the petitioners for Rs. 15,000/-. The claim in the Consumer Forum Court was against the Punjab Auto Finance and its partners Jasvir Singh and his father Sri Hardev Singh. Sri Hardev Singh is now dead and now in his place, complainant-respondent No. 2 has brought in his other son petitioner No. 2 Sardar Ranjit Singh. Both petitioners are real brothers.
(2.) After passing of the decree by the consumer Court on 9-8-2004, the decree holder made an application before the Consumer Forum that the decree was realized outside the Court. The cheque dated 9/10-8-2004 for Rs. 15000/- issued by the petitioner Jasvir Singh (for Self or Bearer) was presented by the respondent No. 2 to Urban Co-operative Bank Ltd. Bareilly but was returned with the remark 'insufficient funds in the account'. Thereafter, the complainant -respondent No. 2 gave a notice as required under sub-clause (b) of Proviso of Section 138 of The Negotiable Instruments Act, 1881' and then filed a complaint before the Chief Judicial Magistrate, Bareilly under Section 138 of the Negotiable Instruments Act. The Magistrate summoned both the accused-petitioners and the application of the accused-petitioners for discharge was dismissed by the Magistrate. It is against this order that the petitioners have come to this Court under Section 482 Cr.P.C.
(3.) I have heard Sri Vinay Khare, Advocate for the petitioners and Sri Patanjali Mishra, learned A.G.A. for the Opp. Party- State.;