ANAND DUBEY S/O SHRI M.L. DUBEY Vs. STATE OF UTTARANCHAL AND DAMAN SACHDEVA S/O LATE SHRI RAM SARAN DAS SACHDEVA

JUDGEMENT

(1.) 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 criminal complaint case No. 274 of 2004 Daman Sachdeva v. Anand Dubey relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate, C.B.I, Dehradun.

(2.) HEARD learned Counsel for the parties and perused the affidavit and counter affidavit.

(3.) LEARNED Counsel for the petitioner challenged the proceedings of criminal complaint on two grounds before this Court: