SANDEEP AGGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under section 482 of Code of Criminal Pro­cedure 1973, (for short Cr.P.C.,) the peti­tioner has sought quashing of the proceed­ings of criminal complaint case No. 1349 of 2008 (old No Misc. Case No. 279 of 2008 and 1778 of 2008), Govind Ballabh Raturi v. Sandeep Agarwal, relating to offence pun­ishable under section 138 of Negotiable Instruments Act, 1881, P.S. Nehru Colony, pending in the Court of Judicial Magistrate, I, Dehradun.

(3.) THEREFORE , this petition under sec­tion 482 of Cr.P.C, is summarily disposed of, quashing the order dated 4.6.2009 and order dated 10.12.2009, passed by Judicial Magis­trate, I, Dehradun. It is directed that Magis­trate shall give an opportunity to the ac­cused (petitioner) before passing orders on application moved under section 142(b) of Negotiable Instruments Act, 1881, and after such application if allowed, he shall proceed further on the question as to whether the accused is to be summoned or not. Accord­ingly, the petition stands disposed of. Petition Disposed Of.