SOMPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The accused applicant has preferred this Criminal Miscellaneous Application, under Section 482 Cr.P.C., to quash the order dated 30.03.2016, passed by the Additional Chief Judicial Magistrate, Roorkee District Haridwar in Complaint Case No. 303 of 2016 as well as the entire proceedings of the said complaint case. Applicant has also prayed to quash the judgment and order dated 17.08.2019, passed by the 3rd Additional Sessions Judge, Haridwar in Criminal Revision No. 217 of 2019, preferred against the order dated 30.03.2016.

(2.) Brief facts of the case are that the complainant/respondent no. 2 filed a complaint stating that the accused applicant borrowed a sum of Rs. 9,90,000/- and gave him a post-dated cheque towards the repayment of this loan amount. However, when the complainant presented the said cheque in the bank for encashment on the due date, it was dishonoured with the endorsement "insufficient fund". Thereafter the complainant gave legal notice, through his Advocate, to the accused applicant. Though the accused applicant replied to the said notice, but did not pay the demand money. Consequently, the complainant/respondent no. 2 lodged the complaint.

(3.) The learned Magistrate, after recording evidence under Section 200 and 202 Cr.P.C., summoned the accused applicant, vide order dated 30.03.2016, to face the trial for the offence punishable under Section 138 of the Negotiable Instruments Act. The accused applicant challenged the order dated 30.03.2016 by filing Criminal Revision No. 217 of 2019. The said revision was also rejected vide order dated 17.08.2019. Feeling aggrieved, accused applicant has preferred the present Criminal Miscellaneous Application challenging the aforementioned orders.