Bed Ram, S/o Sh. Murlu Ram vs Shyam Lal, S/o Sh. Jagdish Ram

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(HP) 611

SATYEN VAIDYA
Bed Ram, S/o Sh. Murlu Ram – Appellant
Versus
Shyam Lal, S/o Sh. Jagdish Ram – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. H.S. Rangra, Advocate.
For the Respondent:Mr. Vijay Sharma, Advocate

ORDER :

By way of instant petition, petitioner has sought the quashing of Complaint No.29-III/2022, titled as Shyam Lal Vs. Bed Ram, pending in the Court of learned Judicial Magistrate First Class, Court No.2, Mandi, District Mandi, H.P. and also order dated 21.01.2022, passed by the said Court.

2. The precise ground on which petitioner has prayed for aforesaid relief is that the complaint filed by respondent against the petitioner under Section 138 of Negotiable Instruments Act, is without any cause of action. As per petitioner, he is under no legal liability to pay any amount to the respondent much less the amount as claimed in the complaint filed by him. Petitioner further submits that respondent has misused the signed cheque of petitioner, which was lost in the year 2014. The fact of the matter, according to petitioner, is that he has filed a complaint No. 186- III/17/14 under Section 138 of Negotiable Instruments Act, against respondent way back in 2014 as the cheques issued by respondent, in favour of petitioner, to discharge his outstanding legal liability had remained unpaid on presentation. Said complaint is still pending adjudication before learned Judicial Magistrate First

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