- (1.) THE present petition under Section 482 of the Code of Criminal Procedure (in short, 'the Code') has been filed seeking quashing of complaint No. 23846 dated 28.08.2010 titled Satpal Bandha v. Smt. Indra Preetwani (Annexure P2) under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'the Act'), pending in the Court of Judicial Magistrate Ist Class, Jagadhri, summoning order dated 28.08.2010 (Annexure P3) and proceedings emanating therefrom.
(2.) AS per the allegations set up in the complaint filed by Satpal Bandha, sole proprietor of M/s Varinder Enterprises, Fabricators and Engineers (respondent herein), the accused (petitioner herein) is having business dealings with the complainant. On account of balance amount of Rs.2,65,000/ - payable by the accused to the complainant against two bills No. 19 dated 05.02.2010 and 21 dated 18.02.2010, the accused in discharge of part of her existing liability, issued cheque No. 961235 dated 30.01.2010 in the sum of Rs.1,00,000/ -, drawn on Punjab National Bank, Bhartipur, Jabalpur, which got dishonoured on its presentation thrice to the Bank and the accused failed to make payment of the cheque amount, despite receipt of legal notice dated 23.07.2010.
(3.) COUNSEL for the petitioner contends that the Judicial Magistrate Ist Class, Jagadhri does not have the jurisdiction to entertain and try the present case. Another submission made by counsel is that as per narration in the complaint, the cheque in question was initially deposited in the Bank for encashment and was returned vide memo dated 02.02.2010. It is argued with vehemence that after first dishonour of the cheque, the complainant did not issue any notice calling upon the drawer to pay the cheque amount and he failed to avail the legal remedy on accrual of cause of action for the first time, the subsequent presentation of the cheque and its dishonour would not entitle the complainant to initiate the criminal proceedings.;