AMRITA NAND GURU MAA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the order dated 20.8.2010 passed by the CJM Dehradun, judgment and order dated 4.10.2010 passed by Addl. Sessions Judge/FTC Dehradun and the proceedings of Case No.180 of 2007, Gurmail Singh Vs. Amrita Nand, pending before CJM, Dehradun.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that respondent no.2-Gurmail Singh moved a complaint u/s 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as the Act] in the court of CJM Derhadun that the petitioner issued a cheque no.292584 dated 18.11.06 for Rs.4.00 lacs of Bank of India Haridwar. When the said cheque was sent by the respondent no.2 through his Bank for clearing, it was returned dishonoured with the endorsement of "insufficient funds". On 18.1.07 when the complainant came to know about the dishonour, he sent a notice through his advocate to the petitioner which was served upon him on 5.2.07 but the amount was not made good, hence he moved a complainant u/s 138 of the Act. Vide order dated 17.3.2007, the trial court after hearing the counsel for the parties and appreciating the material, summoned the petitioner u/s 138 of the Act. The petitioner appeared before the trial court and moved an application stating therein that the disputed Cheque is of Bank of India, Jagdamba Niwas, Devpura, Haridwar and the cheque was presented by the complainant in his account at Haridwar which was dishonored in Haridwar itself. Hence the court of CJM Dehradun has no jurisdiction to hear over the matter. The said application was rejected by the CJM Dehradun on 20.8.2010 being not maintainable. Against that order dated 20.8.2010, a revision was preferred, which too was dismissed by the Addl. Sessions Judge/FTC, Dehradun vide judgment and order dated 4.10.10. Hence this petition.