- (1.) Prayer in this petition filed under Section 482 Cr.P.C is for quashing of the order dated 03.07.2008 (Annexure P-3) whereby, learned Judicial Magistrate Ist Class, Ludhiana, ordered the summoning of the petitioner after condoning the delay without hearing the petitioner to face trial for an offence punishable under Section 138 of the Negotiable Instrument Act.
(2.) Brief facts of the case are that the respondent filed Criminal Complaint No.26813 dated 10.04.2008, titled as "M/s Indian Garments Vs. M/s Madhav International" for the prosecution of the petitioner for having committed the offence punishable under Section 138 of the Negotiable Instrument Act. The prayer was also made for condonation of delay in filing the complaint on the grounds as mentioned in the application enclosed with the said complaint.
(3.) On 03.07.2008, learned Judicial Magistrate Ist Class, Ludhiana, had passed the following order:- "Heard. Along with the complaint, the complainant has also filed an application u/s 142 of Negotiable Instrument Act. In support of his averments made in the said application, complainant has also filed duly sworn affidavit and has also proved on record medical certificate as Ex.C-17. In view of the submission made in the application, the delay in filing the present complaint is condoned. From the perusal of preliminary evidence, it prima facie appears that cheque Nos.477781 dated 30.04.2008 drawn on Indusland Bank Limited, Sangam Complex, Church road, Jaipur Ex.C-1 was issued by accused No.3 in favour of the complainant to discharge his legal liability. On presentation, the said cheque was dishonoured by the drawee bank vide memo dated 01.05.2008. The accused has failed to make the payment in spite of service of legal notice, copy of which is Ex.C-3 within the statutory period. I find that there are sufficient grounds to proceed further against the accused for the commission of the offence punishable u/s 138 of the Negotiable Instrument Act. Hence, accused No.3 be summoned to face trial u/s 138 of the Negotiable Instrument Act on filing of PF and copy of complaint within 7 days for 31.10.2008. Dasti be taken. Since the cheque was issued by accused no.3 only, therefore, the complaint filed against accused Nos.1 and 2 is dismissed.";