Judgment

Mr. Harpreet Singh Brar, J.

The petitioner has approached this Court praying for setting aside the impugned summoning order dated 11.04.2019 (Annexure P-4) passed by the Court of learned Judicial Magistrate 1st Class, Abohar along with complaint bearing No.NACT-204 of 2019 dated 17.02.2019 titled as Amardeep Singh Vs. Balkour Singh.

2. In brief the facts are that respondent No.2-complainant had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act) against the petitioner alleging therein that the petitioner had borrowed an amount of Rs.9 lakhs from respondent No.2-complainant with a promise to repay the same. When respondent No.2-complainant demanded the said amount, the petitioner issued a cheque bearing No.021925 dated 17.12.2018 for an amount of Rs.9 lakhs drawn on State Bank of Bikaner and Jaipur (now merged in State Bank of India, Branch Bhagat Singh Chowk, Abohar) in favour of the respondent No.2-complainant with an assurance that the same will be enchased on presentation. However, on presentation of the said cheque by respondent No.2-complainant in his bank account, the same was dishonoured vide return memo d