SWARN SINGH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) HEARD Mr. Sandeep Tandon, Ad­vocate for the applicant, Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no.1 and Mr. S.K. Jain, Ad­vocate for respondent no.2.

(2.) THIS Criminal Misc. application has been filed by the applicant under Section 482 of Cr.P.C. challenging the summoning order dated 17.06.2006 passed by Spe­cial Judicial Magistrate 1st, Dehradun, in Complaint Case No. 895 of 2007 Sum'/Kumar Gupta Vs. Swam Singh under Sec­tion 138 of Negotiable Instruments Act, 1881 (from hereinafter referred to as the "Act") whereby the court below has taken cognizance of a complaint made by the complainant/respondent no.2 and is­sued summons against the applicant.

(3.) THE contention of the counsel for the applicant is two folds: firstly that the applicant has not complied with the man­datory requirement of notice under Sec­tion 138 of the Act inasmuch as it was not received by the applicant. The com­plainant however states that all efforts were made to serve the notice on the applicant but he refused to receive the registered notice and the same was re­turned with the endorsement of "refusal" of the postal authorities. Therefore, this technical objection is not available with the applicant. Without expressing any opinion on this aspect, this Court is of the view, that no interference is called for in this case by this Court under Section 482 Cr.P.C. Another issue raised by the appli­cant is regarding tempering with the dates. Leaned counsel for the complain­ant states that the Bank had no objection on this aspect (alleged tempering), moreo­ver this issue can only be determined by the trial court. Consequently, there is no scope for this Court to interfere under Sec­tion 482 of' Cr.P.C. The present C-482 application is totally devoid of merit and is liable to be dismissed and is hereby dis­missed.