Kanwaljit Singh Ahluwalia, J. - (1.) PRESENT petition has been filed under Section 482 Cr.P.C. praying that complaint No. 158 dated 04.07.2006 (Annexure P -5) and the summoning order dated 25.07.2006 (Annexure P -6) passed by the Chief Judicial Magistrate, Gurgaon whereby the petitioner was summoned to stand trial under Sections 138 of the Negotiable Instruments Act (hereinafter referred to as, 'the Act'), be quashed. Admittedly, the petitioner had obtained loan from the respondent No. 1 -financier. He had also issued cheques towards payment of the installments. It is also not disputed that the petitioner had purchased a vehicle make Toyota Qualis bearing registration No. HR -38 -LT -1730. This vehicle was insured with respondent No. 2 i.e. National Insurance Company Limited. The validity of the insurance cover was for one year commencing from 5th January, 2005 to 4th January, 2006.
(2.) THE petitioner had issued following three cheques drawn on Oriental Bank of Commerce, Extension Counter, GB. Nagar, Noida: All the cheques had bounced leading to filing of complaint (Annexure P -5) by complainant -respondent No. 1. Preliminary evidence was led by the complainant -respondent No. 1 on the basis whereof the petitioner was summoned to stand trial for an offence punishable under Section 138 of the Act by the Court of Judicial Magistrate (1st Class), Gurgaon.
(3.) IT is projected in the present petition that the vehicle financed by respondent No. 1 and insured with respondent No. 2 was stolen on 21st November, 2005 and a report (Annexure P -7) to this effect was made to SHO, Police Station Sector 58, Noida. It is further pleaded in this petition that the petitioner had approached respondent No. 2 for release of the amount of insurance of the stolen vehicle, i.e. Toyota Qualis. Since the amount was not being released by the insurer respondent No. 2, the petitioner had approached the District Consumer Forum, GB. Nagar, Noida for release of the amount of insurance.;