GOPAL CHAND RAWAL 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 order dated 19.01.2005 passed by Special Judicial Magistrate 1st, Dehradun in Complaint Case No. 234 of 2003, Kashi Ram Vs Gopal Chand Rawal, under Section 138 Negotiable Instrument Act.

(2.) Brief facts of the case are that the complainant/respondent No. 2 Kashi Ram filed a complaint against the applicant alleging therein that the applicant took the loan of Rs. 6,00,000/- (Rupees Six Lacs) from him. The applicant had given three cheques for a sum of Rs. 2.00 lacs each to the complainant/opposite party No. 2. When he same were presented before the bank for payment, he was informed that the said cheques have been dishonoured on the ground of `payment stopped by drawer'. The complainant issued notice to the applicant and when he did not received response, then, he filed the complaint Case No. 234 of 2003 before the Special Magistrate C.B.I., Dehradun, under Section 138 Negotiable Instrument Act against the applicant. The complainant also filed the affidavit before the trial court under Section 200 Cr.P.C., on which the trial court took cognizance and summoned the applicant under Section 138 Negotiable Instrument Act vide order dated 19.01.2005.

(3.) Feeling aggrieved by the aforesaid order, the applicant has preferred this petition for quashing the impugned summoning order passed by the trial court.