High Courts(1999) 05 P&H CK 0084

Chahal Foods (P) Ltd. vs Dhian Chand & Co.

Punjab And Haryana At Chandigarh · Decided on 28 May 1999 · Citation: (1999) 3 AICLR 508 : (1999) 4 RCR(Criminal) 468

HON’BLE JUDGES
T.H.B.Chalapathi, J
CASE NUMBER
Criminal Miscellaneous No. 21562-M of 1996 and Criminal M. 26862 of 1998

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Judgment

4 paragraphs · 223 words

T.H.B. Chalapathi, J.

1.

This petition has been filed to quash the complaint dated 9.3.1995 and also the summoning order dated 20.4.1995 and the subsequent proceedings.

2.

The petitioners purchased the paddy from the respondent who is the complainant and for the payment of the said purchase, they issued the cheque No. 176938 drawn on the State Bank of Patiala, Gharaunda, District Karnal. The respondent presented the said cheque for collection, but the same was dishonoured. Then the respondent filed a complaint under section 138 of the Negotiable Instruments Act. After recording the preliminary evidence, the Magistrate passed the summoning order which is challenged in these proceedings. The main ruse of the petitioners is that notice of dishonour of the cheque was only sent to petitioner Nos. 1 and 2 and the same was not given to petitioners Nos. 3 and 4 and further the Court at Karnal has no jurisdiction and only the complainant was examined before issuing the summons. The first petitioner is the company of which petitioners Nos. 2 and 4 are Directors.

3.

In the facts and circumstances of the case, I do not find any ground to quash the complaint. However, it is open to the petitioners to raise all the pleas that are available to them under law before the learned Magistrate. The petition is, therefore, dismissed.