CRM No.M-9092 of 2008 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-9092 of 2008(O & M) Date of decision : 8.8.2011 Dharmender Rajput ........Petitioner Vs. M/s Chaman Enterprises, Ladwa ......Respondent CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.S.K.Biriwal, Advocate, for the petitioner None for the respondent --- AJAI LAMBA, J (Oral) This petition has been filed under Section 482 of the Criminal Procedure Code for quashing of complaint No.18 dated 6.3.2002 qua the petitioner. The complaint has been placed on record as Annexure P-1 and has been filed with the allegations that offence under Section 138/142 of the Negotiable Instruments Act, 1881 has been committed. Three accused have been impleaded in the complaint, the petitioner being accused No.3. In para 4 of the complaint, the following has been said :- “4. That in the discharge of their legal obligations the accused No.2 on behalf of accused No.1 and for himself issued a cheque bearing No.0032091 dated 25.8.2001 for the amount of Rs.2,00,600/- (Two lacs six hundred only) after adjusting some amount in Rs.2,50,000/-.” The admitted position of the complainant is that accused No.2 namely Sh.Sunil Madhani, Managing Director, Khediyar Beverage Private Limited had signed the negotiable instrument. CRM No.M-9092 of 2008 (O & M) -2- Since it is the admitted position of the respondent-complainant that the petitioner is not the signatory to the negotiable instrument, no reason has been shown to this Court as to how these proceedings can be continued against the petitioner also. There is no averment in the complaint to the effect that the petitioner had a role to play in the commission of offence. Vague averment has been made that accused are engaged in the business of production of natural water etc. and entered into an agreement with the complainant and appointed the complainant as their clearing and forwarding agent and for that purpose obtained a sum of Rs.2.50 lakhs as security amount. The complaint does not disclose even prima facie that the petitioner has committed the offence under Section 138 of the Negotiable Instruments Act, 1881. No specific averment has been made against the petitioner so as to show commission of offence by the petitioner. No ground for continuing with proceedings against the petitioner is made out. This petition is accordingly allowed. The complaint and order of summoning in context of the petitioner are hereby quashed. (AJAI LAMBA) JUDGE 8.8.2011 akm