KESHI DEVELOPERS Vs. SECOND ADDITIONAL CIVIL JUDGE

JUDGEMENT

(1.) This petition, Under Section 482 Cr.P.C. has been filed for setting aside the order dated 29-5-2005, passed by 2nd Judicial Magistrate Dehradun in Complaint Case No. 14 of 2004, Dinesh Jain v. Keshi Developers and Ors. whereby the petitioners have been summoned to face trial Under Section 138 of Negotiable Instrument Act. They further prayed for quashing of the proceeding of the aforesaid Complaint Case.

(2.) The facts giving rise to this petition are that the complainant/respondent No. 3, filed a complaint case against the petitioners with the allegations that he paid Rs. 40,00,000/- to the petitioners/accused for purchase of land through cheques. The accused encashed the cheques issued by him but did not register the land in his name and promised to return the money to him. The accused returned him Rs. 15,00,000/- and for remaining amount of Rs. 25,00,000/- issued cheques No. 366073 dated 10-3-2004, for Rs. 5,00,000/-, No. 366074 dated 11-3-2004, for Rs. 5,00,000/-, No. 366075 dated 12.3.2004, for Rs. 5,00,000/- and No. 366076 dated 13.3.2004, for Rs. 10,00,000/- of the Bank of Maharashtra Dehradun. The aforesaid cheques were presented before the bank and the same were dishonoured. Thereupon the complainant sent notices to the accused/petitioners through registered post but the same were returned as unclaimed. Hence the complainant filed complaint against the accused/petitioners.

(3.) The learned Magistrate recorded the statement of complainant Under Section 200 Cr.P.C. and after perusing the entire material available on record, vide impugned order dated 29-5-2005 summoned the accused/petitioners to face trial under Section 138 of Negotiable Instrument Act.