2010 (10) TMI 1226 - HC - Indian Laws

Summary

Issues involved:
The issues involved in this case are the quashing of a criminal complaint u/s 138 of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian Penal Code and the summoning order based on the complaint.

Details of the Judgment:

Issue 1: Quashing of Criminal Complaint u/s 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code

The petitioner filed a petition u/s 482 of the Code of Criminal Procedure seeking to quash the criminal complaint and summoning order issued by the Chief Judicial Magistrate. The complaint alleged that the accused fraudulently prepared a sale deed and issued a post-dated cheque which was dishonored twice. The petitioner argued that the cheque was issued as security and the debt was not legally enforceable. However, the court held that the matter should be decided during trial and dismissed the petition, stating that the judgment relied upon by the petitioner did not support their case.

Key Points:
- The complaint alleged fraudulent preparation of a sale deed and issuance of a dishonored cheque.
- The petitioner claimed the cheque was issued as security and the debt was not legally enforceable.
- The court dismissed the petition, stating the matter should be decided during trial.