RAJESH CHAUHAN Vs. KULWANT SINGH

JUDGEMENT

(1.) Hon'ble Ravindra Maithani, J.(Oral) Instant petition has been filed by the petitioner challenging a summoning order dtd. 30/8/2014 and the entire proceedings of Complaint Case No. 1509 of 2014, Kulwant Singh Vs. Rajesh Chauhan, pending in the court of learned IInd Civil Judge (J.D.) Judicial Magistrate Haridwar (for short "the case"). By the impugned order the petitioner has been summoned under Sec. 406 IPC.

(2.) Heard learned counsel for the parties through video conferencing.

(3.) Facts briefly stated are that the respondent filed a complaint under Ss. 120-B, 403, 406 and 424 IPC before the court, which is the basis of the case. According to the complaint, the respondent had taken Rs.50,000.00 on 17/1/2011 from the petitioner. In lieu thereof, the petitioner had asked five cheques and the signature of respondent on a stamp paper. Subsequently, the respondent repaid the amount, but the petitioner did not return all the cheques and stamp number. One cheque no. 483625 and a stamp paper were not returned to the respondent and the petitioner told that he had destroyed them. Subsequently, according to the complaint, it was revealed that the petitioner gave the cheque to some other person, who filed a complaint against the respondent. This and with some other allegations, the complaint was filed. After enquiry, on 30/8/2014, petitioner has been summoned under Sec. 406 IPC, it is impugned herein.