RAJENDRA MISHRA Vs. PRAMOD NISCHAL

JUDGEMENT

(1.) The petitioner stands summoned as an accused before the court of Metropolitan Magistrate in terms of order dated 18.04.2015 passed on the criminal complaint dated 15.04.2015 of the respondent (the complainant) alleging offence under Section 138 of the Negotiable Instruments Act, 1881 in relation to a cheque No.347241 dated 20.02.2015 for Rs. 30,000/- drawn against his account with Axis Bank Limited, Vasant Kunj, new Delhi-110 070. He has approached this court by the petition at hand invoking Article 227 of the Constitution of India and the inherent power under Section 482 of the Code of Criminal Procedure, 1973 to seek quashing of the said proceedings, contending that no case for such criminal action on the basis of averments in the criminal complaint was made out and, consequently, the summoning order is in the nature of abuse of the process of law.

(2.) The respondent is represented by her son (the attorney) in these proceedings.

(3.) Both sides have been heard and the record has been perused.