VINOD KUMAR SAINI Vs. JAGPAL SINGH

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the material on record.

(2.) By means of this application, the applicant has prayed to quash the summoning order dated 31.8.2009 as well as the further proceedings of Complaint Case No. 2797 of 2009, Jagpal v. Vinod, pending in the court of J.M., Roorkee Under Section 138 of the Negotiable Instruments Act, 1881 (in short the Act).

(3.) In brief the facts of the case are that a complaint was moved by the respondent before the trial court with the averments that the petitioner issued a Cheque No. 00943 dated 10.7.2009 of District Cooperative Bank, Main Branch, Roorkee for Rs. 18.00 lacs. When the said cheque was presented in the Bank by the respondent on 14.7.2009 for payment, that came out to be dishonored on the same day with the remarks "insufficient funds". A notice was also given to the petitioner by the respondent on 31.7.2009, which was also sufficiently served upon the petitioner on 3.8.2009, however even thereafter the said amount was not repaid to the respondent by the petitioner. Hence the present complaint was filed. The complainant/respondent in support of his case filed his own affidavit while in the documentary evidence, he brought on record the original cheque, receipt for depositing the cheque in the bank, memorandum slip, receipt of registry and copy of notice etc. before the trial court in support of his case. Considering the entire facts and circumstances of the case, the court below proceeded to summon the petitioner Under Section 138 of the Act vide order dated 31.8.2009. Hence, this petition.