Important Point – Holder of cheque can present it before a bank any number of times during period of its validity.

1. Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioner seeks quashing of criminal complaint titled ‘Romesh Kumar Mengi Vs. Rajneesh Garg’ instituted by respondent under Section 138 of Negotiable Instrument Act & 420 RPC against the petitioner, pending before learned Munsiff, Reasi. Petitioner also seeks quashing of summoning order dated 04.12.2006 issued by learned Munsiff, Reasi.

2. Petitioner has stated in instant petition that respondent has instituted a complaint titled as Romesh Kumar Mengi Vs. Rajneesh Garg’ under Section 138 NI Act and under Section 420 RPC against the petitioner, which is pending trial in the Court of Munsiff, Reasi and the Court took cognizance on the said complaint and issued summons to the petitioner. That the petitioner is a Director of M/s Focus Technology (India) Pvt. Ltd. having its office at 27-A, Zamrudpur Behing Kailash Apartment, Kailash Colony, New Delhi-110048 and the company is into the business of Networking and Software Solution for the companies. The petitioner is having interest in Astrology and out of his interest only keeps on attending classes on the aforesaid subject all around India whenever given a chance. That the petitioner came into contact with one Sh. Vijay Verma, who is a resident of Jammu and a professional in the field of Astrology. After both petitioner and Vijay Verma developed friendship, the petitioner was invited by the said Vijay Verma to attend the classes on the subject of astrology in his institute in Jammu. The petitioner thereafter went to attend a short term course on Astrology in Jammu where the petitioner was introduced to respondent No.1 by Vijay Verma, who was the co-brother of respondent No.1. That as the ward of respondent No.1 failed to crack the entrance of MBBS course, respondent No.1 and his co-brother namely Vijay Verma asked the petitioner to help the ward of respondent No.1 to get admission in MBBS course. The co-brother being the teacher of the petitioner and under obligation, without any monetary benefits, the petitioner referred respondent No.1 to his friend namely Sh. Shyam Garg for admission of the ward of respondent No.1 and Sh. Sham Garg referred the petitioner to Sh. Shailesh Chobhey being an education consultant. That respondent No.1 himself contacted the said Shailesh Chobey in Pune on telephone and after respondent No.1 got satisfied, the petitioner along with respondent No.1 and his co-brother Sh. Vijay Verma went to Pune to meet Shailesh Choubey regarding the admission of his ward in MBBS course in DY Patil, Pune College but despite all efforts the college authorities refused to admit the ward of respondent No.1 as the admission process was over and moreover the ward of respondent No.1 had failed to crack the preliminary examination of MBBS. That thereafter the petitioner came back to Delhi and respondent No.1 along with his co-brother went back to Jammu. Respondent No.1 himself always remained in contact with said Shailesh Choubey and respondent No.1 proposed Shailesh Choubey for getting the admission of his ward in the same academic year after paying the donation to the management of the college. Shailesh Choubey told respondent No.1 that the only possibility of getting the admission of the ward of respondent No.1 is in DY Patil Medical College, Kolhapur after paying the donation and for the same purpose Sh. Kailash Choubey introduced respondent No.1 to one Sh. I. B. Pandey. Upon this, respondent No.1 along with his co-brother and cash reached at Pune and from there by road went to DY Patil Medical College, Kolhapur, where they met Sh. I.B. Pandey and even the college authorities of DY Patil Medical College, Kolhapur, refused to give admission to the ward of respondent No.1 in MBBS course as the same not possible. Thereafter, all aforesaid persons i.e. respondent No.1, Vijay Verma, ward of respondent No.1 namely Sh. Shourab Mengi and Sh. I. B. Pandey came back to Pune and Sh. Vijay Verma f