RAM GOPAL Vs. SPECIAL JUDICIAL MAGISTRATE RISHIKESH

JUDGEMENT

(1.) Heard Mr. Arvind Vashishtha, Advocate holding brief of Mrs. Meenu Sharma, Advocate for the applicant, Mr. M.A. Khan, Brief Holder for the State and Ms. Anjali Noliyal, Advocate for respondent no.2.

(2.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the applicant has sought quashing of proceedings of Case No.105 of 2006, Amit Suri v. Ram Gopal, under Sections 138 of The Negotiable Instruments Act, 1881 (for short, the Act) and 420 of The Indian Penal Code, 1860 (for short, IPC) as well as summoning order dated 12.4.2006 passed therein by Special Judicial Magistrate, Rishikesh, Dehradun.

(3.) Brief facts of the case are that respondent no.2 Amit Suri filed a complaint before Special Judicial Magistrate, Rishikesh against the applicant alleging therein that the applicant purchased a machine from the shop of complainant in respect of which the applicant issued a cheque dated 9.7.2005 bearing no.0515945 amounting to ` 40,000/- in favour of the complainant. It is alleged that after the assurance of the applicant when the complainant presented the said cheque in the bank the same was returned to him with the remark "Accounts Closed". Thereafter, the complainant through his counsel served a notice through registered post upon the applicant but even after service of notice, the applicant did not pay the money of the complainant. With the same averments, respondent no.2 filed the present complaint against the applicant in the court. In support of his complaint, the complainant filed certain papers and got himself examined u/s 200 Cr.P.C. After hearing learned counsel for the complainant and perusing the entire material available, learned Special Judicial Magistrate, Rishikesh, Dehradun vide his order dated 12.4.2006, summoned the applicant under sections 420 IPC and 138 of N.I. Act. Feeling aggrieved, the applicant has preferred the present C482 petition before this Court.