ANJUM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under section 482 of Cr.P.C, the petitioner has sought quashing of the proceedings of Case no. 1439 of 2005, Firoz Khan Vs Sahadat Ali & another, relating to offence punishable under section 138 Negotiable Instruments Act, 1881, Police Station Gangnahar, Roorkee, District Haridwar pending in the court of Special Judicial Magistrate, Roorkee, District Haridwar.

(2.) Brief facts of the case are that the complainant/respondent No. 3 filed a complaint Case No. 72 of 2005 in the Court of Judicial Magistrate, Roorkee, District Haridwar against the applicant and her father for dishonour of cheque No. 024620 for a sum of Rs. 2,20,000/-, which was signed by the applicant and her father. When the same was presented before the bankers, Oriental Bank of Commerce, Rampur Road, the same was dishonored on the ground of in sufficient fund, on this the complainant got served notice dated 06.06.2005 to the applicant the co-accused and when the amount was not paid, criminal complaint was filed on 16.07.2005. On said compliant after recording statement of the complainant under section 200 of Cr.P.C., it appears that the Magistrate vide its order dated 18.07.2005 summoned the accused including the petitioner to face the trial, in respect of offence punishable under section 138 of Negotiable Instruments Act, 1881.

(3.) Feeling aggrieved by the aforesaid order, the applicant has preferred this petition for quashing the proceedings under the aforesaid case.