The court cannot inquire into the reliability of the allegations in summary proceedings and no further inquiry is necessary if the summoning order demonstrates prima facie findings.

JUDGMENT

Jasjit Singh Bedi, J. - The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the Complaint No.NACT/18437 of 2018 dated 29.09.2018 (Annexure P-1) under Section 138 of the Negotiable Instruments Act, 1881, the order of summoning dated 01.10.2018 (Annexure P-2) passed by the Judicial Magistrate, 1st Class, Chandigarh, the order in revision dated 05.09.2019 (Annexure P-3) passed by the Additional Sessions Judge, Chandigarh and all subsequent proceedings arising therefrom.

2. The brief facts of the case as emanating from the pleadings are that a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act was filed by the respondent-Bank with the allegations that M/s Shri Hari Agro through its Proprietor Ms. Monika Goyal (borrower) had been granted a credit facility against collateral security as well as a personal guarantee of the guarantors including the petitioner-Guljari Lal. The respondent-Bank had sanctioned a credit facility amounting to Rs.1 crore. Since the borrower defaulted in repayment of the credit facilities granted and renewed from time to time, the Bank made a demand of the amount due and all the credit facilities were recalled from the borrower as well as other guarantors including the petitioner. The petitioner issued a cheque No.006805 dated 16.07.2018 drawn on the State Bank of Bikaner and Jaipur, Hissar for an amount of Rs.50 lakhs in discharge of the legal liabilities towards partpayment of the total amount due in all the credit facilities. On presentation, the cheque was dishonoured with the remarks 'Funds Insufficient'.

Pursuant to the dishonour of the cheque, notice was issued and ultimately, a Complaint No.NACT/18437 of 2018 dated 29.09.2018 (Annexure P-1) under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 came to be filed.

Based on the complaint, the petitioner came to be summoned vide order dated 01.10.2018. The copy of the said order is annexed as Annexure P-2 to the petition.

Pursuant to the issuance of the summoning order, the petitioner preferred a Criminal Revision before the Court of the Additional Sessions Judge, Chandigarh and the same came to be dismissed vide order dated 05.09.2019 (Annexure P-3).

The present petition has been filed for quashing of the aforementioned Complaint No.NACT/18437 of 2018 dated 29.09.2018 (Annexure P-1), summoning order dated 01.10.2018 (Annexure P-2) and the order in revision dated 5.09.2019 (Annexure P-3) and subsequent proceedings arising therefrom.

3. When this matter had come up for hearing for the first time on 23.10.2019, the contention of the petitioner was recorded and the following order was passed:-

'Learned counsel for the petitioner submits that the cheque in question, though issued by the petitioner, was in respect of a liability qua a different loan agreement with the respondent-Bank, as had been entered into by the petitioners' brother-in-law Pehlad Raj Goyal, and that the petitioner never stood as a guarantor in respect of the loan advanced by the complainant to M/s Shree Hari Agro.

He further submits that the cheque has therefore been misused by the respondent-Bank.

He points to the sanction letter qua the loan (copy Annexure P-4) wherein the petitioners' name is not shown as a guarantor in the relevant column.

Notice of motion be issued to the respondent, returnable on 11.12.2019.

Process dasti also.

In the meanwhile, till the next date of hearing, proceedings against the petitioner shall remain stayed before the trial Court.

It is made clear that if the respondent is not shown to be served by the next date of hearing, the interim order would stands automatically vacated.

To be shown in the urgent motion list to determine as to whether the respondent has been served of the notice or not."

4. The matter remained pending and the interim order was extended from time to time. Notice had been served and Mr. Nitin Ahluwalia, Advocate had appeared for the respondent-Bank on 11.12.2019.