HARBIR SINGH Vs. STATE OF UTTARAKHAND AND ANR.

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 criminal proceedings of Complaint Case No. 688 of 2005, Rampal Singh v. Harbir Singh, under Sections 138 of The Negotiable Instruments Act, 1881 (for short, the Act) and 420 of The Indian Penal Code, 1860 (for short, IPC).

(2.) HEARD learned Counsel for the parties and perused the entire material available on file.

(3.) LEARNED Counsel for the applicant argued that the summoning order dated 5.11.2005 passed by Special Judicial Magistrate, Rishikesh under Section 420 of IPC is not justified and correct. He further argued that if the allegations of the complaint are taken out to be true, at the most, prima facie the offence Under Section 138 of the Act is made out against the applicant. I find force in the argument put forth by learned Counsel for the applicant. From a perusal of the contents of the complaint and the statement of the complainant recorded Under Section 200 Cr.P.C., I find that the ingredients of Section 420 of IPC are not attracted in this case as no allegations of cheating have been made against the present applicant and whatever the allegations are there, they are regarding dishonour of cheque. As such, I am of the view that as against the applicant, since the offence punishable Under Section 420 of IPC is not made out, therefore, the criminal proceedings with respect to the said offence are liable to be quashed.