BABU LAL ARORA Vs. CHIEF JUDICIAL MAGISTRATE DEHRADUN

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner/applicant has sought quashing of the summoning order dated 12.8.2006 passed by Chief Judicial Magistrate, Dehradun as well as quashing of proceedings of case no.505 of 2006, Col. D.S. Rawat v. Babu Lal Arora, under Section 138 of Negotiable Instruments Act, 1881 (hereinafter to be referred as the Act).

(2.) Heard learned counsel for the applicant and perused the affidavit and counter affidavit.

(3.) Brief facts of the case are that respondent no.2 Col. D.S. Rawat filed a complaint before Chief Judicial Magistrate, Dehradun against the applicant with the allegations that the complainant had given Rs.1.00 Lac to the applicant for the purchase of a plot but after the lapse of sufficient time, the applicant did not provide him a plot. Consequently, the complainant demanded his money back and in this regard the applicant issued two cheques each of Rs.50,000/- bearing nos.424381 dated 15.7.2005 and Cheque no.635712 dated 22.9.2005 in favour of the complainant. But when the cheque bearing no.635712 dated 22.9.2005 of Rs.50,000/- was presented in the bank by the complainant, the same was dishonoured and returned back to the complainant by the bank. Thereafter, the complainant sent a registered notice through his counsel to the applicant requesting to refund the amount within 15 days, which was also served on the applicant. But even after service of the notice, the applicant did not refund the money of the complainant. With these averments, respondent no.2 Col. D.S. Rawat filed a complaint before Chief Judicial Magistrate, Dehradun, against the applicant which was registered as Case No.505 of 2006 under Section 138 of N.I. Act. The complainant in support of his case got himself examined u/s 200 Cr.P.C. and u/s 202 Cr.P.C. he filed the copies of original cheque, deposit slip, memorandum slip and notice. After hearing learned counsel for the complainant and perusing the entire material available, learned Chief Judicial Magistrate, Dehradun vide his order dated 12.8.2006, summoned the applicant. Feeling aggrieved by the said order dated 12.8.2006, the applicant has preferred the present C482 application before this Court.