NARESH KUMAR SANGHI, J. - (1.) PRAYER in this petition, filed under Section 482, Cr.P.C., is for quashing of complaint No.84 dated 26.04.2010, titled as "Avtar Singh vs. Hardev Singh & Anr." for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (for brevity "N.I.Act") pending before the learned Sub Divisional Judicial Magistrate, Malterkotala, and the summoning order dated 26.04.2010 qua the petitioner whereby the petitioner and respondent No.2 were summoned to face trial for the offence punishable under Section 138 of the N.I.Act. Brief facts
(2.) M /s Deepak Projects Private Limited is a company registered under the Companies Act at Jalandhar, and being run through its Managing Director, Deepak Kumar Jain. Vide registered sale deed No.3853 dated 13.03.2009, the petitioner purchased land measuring 26 bighas 01 biswa from respondent No.1 -complainant, Avtar Singh, for a consideration of Rs. 38,00,000/ -. The total sale consideration amount of Rs. 38,00,000/ - was paid to vendor - respondent No.1 -complainant Avtar Singh before the Sub Registrar, Malerkotala, and possession of the demised premises was handed over to the petitioner. Vide order dated 04.08.2009, mutation No.2045 was sanctioned in the name of the petitioner by the Assistant Collector First Grade, Malterkotala. Respondent No.1 -complainant filed a complaint dated 26.04.2010 alleging the commission of offence punishable under Section 138 of the "N.I.Act" for dishonour of cheque No.189105 dated 31.12.2009 for a sum of Rs. 70,00,000/ - issued by Hardev Singh (respondent No.2) from his personal account No.06492560000922, for prosecution of respondent No.2 and the petitioner. After leading the preliminary evidence, the learned Sub Divisional Judicial Magistrate, Malterkotala, vide the order dated 26.04.2010 ordered the summoning of the petitioner and respondent No.2 as accused for facing trial for the offence punishable under Section 138 of the "N.I.Act". The said order is reproduced below: - "Present: Complainant with counsel Sh. J.P.Kalia, Advocate. Complaint presented today. It be checked and registered. Complainant Avtar Singh has tendered his affidavit in evidence and closed his preliminary evidence. Heard for the purpose of summoning. Brief facts leading to the institution of the present complaint are summarized as under: - The accused No.1 and 2 made transaction with the complainant and in order to discharge their legal liability, accused No.1 on behalf of accused No.2 issued cheque No.189105 dated 31.12.2009 for a sum of Rs.70,00,000/ - from his account in favour of the complainant. On presentation, the said cheque was dishonoured by the Bank vide memo dated 09.03.2010 with remarks "Account Closed." Thereafter, complainant got issued a legal notice requesting the accused to make the payment of cheque amount within 15 days from the receipt of the legal notice, but the accused failed to make the payment. While stepping into the witness box as CW -1, Avtar Singh, complainant duly proved original Cheque Ex.C1, memo Ex.C2, copy of legal notice Ex.C3, postal receipts Ex.C4, Ex.C5 and AD Ex.C6. Heard. From the evidence led by the complainant and the documents annexed with the complaint, there are sufficient grounds to proceed against the accused under Section 138 of Negotiable Instruments Act. Let, the accused be summoned to face trial under Section 138 of Negotiable Instruments Act for 10.08.2010. One set of summons alongwith copy of complaint be also sent to accused through Registered post on filing RC and AD. Dasti summons be issued, if desired. Copy of complaint be also filed."
(3.) NOTICE of the present petition was issued to respondent No.1 -complainant and in response thereto, the reply has been filed.;