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2023 Supreme(P&H) 1220

RAJESH BHARDWAJ
Jatinder Pal @ Bhangi – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. H.K. Brinda, Advocate for the petitioner.
Mr. Karunesh Kaushal, AAG, Punjab.
Mr. G.N. Malik, Advocate for respondent no.2.

RAJESH BHARDWAJ, J.

1. The present petition has been filed under Section 482 Cr.P.C praying for quashing of complaint bearing no. 68/2014 dated 25.7.2014 filed under section 138 of Negotiable Instruments Act pending in the court of learned SDJM, Anandpur Sahib, summoning order dated 25.7.2014 (Annexure P-2) and order dated 30.8.2016 (Annexure P-6).

2. Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present case. He submits that petitioner had been prosecuted by respondent no.2 by way of filing a complaint under Section 138 of Negotiable Instruments Act on the basis of allegations that the complainant-respondent no.2 was having friendly relations with him and thus the petitioner had borrowed a sum of Rs.1,50,000/- from him for some domestic purpose. It has been further alleged that the petitioner issued a cheque bearing no.000323 dated 19.2.2014 of Rs.1,50,000/- drawn on ICICI Bank in favour of the complainant respondent no.2, however, on presentation of the same the cheque was dishonoured with the remarks “Insufficient Funds” vide memo dated 20.2.2014. Thereafter, respondent no.2 presented the cheque twice for encashment but the same was

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