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S.S.SARON
Avtar Singh – Appellant
Versus
Joginder Singh – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Dr. M.S. Aahi, Advocate.
For the Respondent:Mr. Gurcharan Dass, Advocate

Judgment

S.S. Saron, J.—In this petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr. P.C. for short), the petitioner seeks quashing of the complaint Annexure-P-l) titled Joginder Singh v. Avtar Singh, pending in the Court of learned Judicial Magistrate, 1st Class, Ludhiana on the allegation that the petitioner committed an offence under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act for short). He also seeks the quashing of the summoning Order dated 9.2.1991 (Annexure-P-2) on the basis of which non-bailable warrants were later issued by the learned trial Magistrate.

2. Joginder Singh (respondent) filed a complaint under Section 138 of Negotiable Instruments Act on the allegation that the petitioner (accused) is a businessman and is well known to him. He had borrowed a sum of Rs 19,500/- from the complainant for a period of seven days. The complainant in good faith paid the petitioner (accused) a sum of Rs. 19,500/- and the petitioner (accused) issued a cheque dated 14.2.1990 for the said amount drawn on his account with the Punjab National Bank, Ajit Nagar, Ambala. The said cheque of Rs.

19,500/- was presented to the Bankers of the accused petiti














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