SHRAVAN KUMAR Vs. RANVEER SHARMA

JUDGEMENT

(1.) Heard Mr. S.K. Shandiliya, Advocate for the applicant and Mr. Manish Arora, Advocate for the respondent.

(2.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of summoning order dated 19.9.2008 passed in Complaint Case No.102 of 2009, Ranveer Sharma v. Shravan Kumar, relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short, the Act).

(3.) Facts, in brief, are that respondent Ranveer Sharma filed a complaint before C.J.M., Haridwar against the applicant with the allegations that on 20.3.2008 the applicant and the respondent entered into an unregistered agreement for sale of a plot in ` 24,62,000/-, out of which ` 7,00,000/- as advance was given to the applicant by the respondent. It is further stated that thereafter the aforesaid deal could not materialize and both the parties entered in cancellation of agreement and as such the applicant gave a cheque dated 21.7.2008 amounting to ` 7,00,000/- to the respondent as against the money given by the respondent to the applicant. It is alleged that when the said cheque was presented by the respondent in the bank the same was dishonoured and returned to him by the bank on 23.7.2008 with the endorsement "Funds Insufficient". Thereafter, the respondent, through his counsel, served a registered notice dated 7.8.2008 to the applicant but the applicant neither refunded the money nor he gave reply to the aforesaid notice. With the same averments, the complainant/respondent filed the present complaint in the court. In support of the complaint, the complainant filed cheque in dispute, bank memo, copy of notice and receipt of registry and also got himself examined u/s 200 Cr.P.C. After hearing learned counsel for the complainant and perusing the material available, vide order dated 19.9.2008, learned Second Special Judicial Magistrate, Haridwar, took the cognizance of the offence u/s 138 of the act and also summoned the applicant. Feeling aggrieved, the applicant has preferred this petition u/s 482 Cr.P.C. before this Court.