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Judgment
Kuldip Singh, Judge
This petition has been directed against the order dated 31.8.2011 passed by Judicial Magistrate 1st Class, Court No.3, Shimla in case No. 2211-3 of 2010/09. It has been submitted by the learned counsel for the petitioner that in the complaint two cheque Nos. 0319190 and 0319191 both dated 20.8.2009 are involved. The amount of each cheque is Rs. 11,470/-, total amounting to Rs. 22,940/-. It has been submitted that the notice dated 26.9.2009 was issued by the respondent and thereafter the petitioner vide receipt No. 902544214 dated 3.10.2009 had deposited an amount of Rs. 23,000/- and paid the amounts of cheques to the respondent, but despite this, the respondent has filed the complaint. The learned Judicial Magistrate has erred in not dropping the proceedings against the petitioner. It has not been denied that in the complaint two cheques amounting to Rs. 11,470/- each are involved. In the receipt, there is no reference that this receipt has been issued against cheque Nos. 0319190 and 0319191 dated 20.8.2009. The total amount of the cheques come to Rs. 22,940/- and the receipt is of Rs. 23,000/-.
The respondent has denied that the receipt is against the payment of aforesaid two cheques. In order to establish the contention of learned counsel for the petitioner evidence is required, therefore, at this stage, it cannot be said that the petitioner has liquidated the liability of aforesaid two cheques by paying Rs. 23,000/-. There is no merit in the petition which is accordingly dismissed. Cr.M.P.No. 990 of 2011 has become infructuous in view of disposal of the main petition. Interim order dated 26.12.2011 is vacated.