LAWS(UTN)-2020-2-18

ALOK VERMA Vs. VINOD KUMAR

Decided On February 14, 2020
ALOK VERMA Appellant
V/S
VINOD KUMAR Respondents

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceeding of Complaint Case No. 1008 of 2012 (Old No.1371 of 2007) Vinod Kumar Vs. Alok Verma, pending in the court of Special Judicial Magistrate, Haridwar under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as, "the Act, 1881) as well as summoning order dated 16.01.2013 along with the order passed by the learned 1st Additional Sessions Judge, Haridwar dated 28.06.2014, passed in Criminal Revision No. 136 of 2013, preferred against the order dated 16.01.2013, whereby the revision of the present applicant had also been rejected.

(2.) Facts, to the limited extent necessary are that the respondent gave Rs.8.75 Lakhs on 11.03.2007, as debt, to the present applicant on the assurance that the money shall be returned exactly after one month. The same was not returned as promised but a cheque No.144194 to the tune of Rs.8.75 Lakhs was issued by the present applicant, which he drew from his bank account of Punjab National Bank, Jwalapur, District Haridwar. The said cheque was submitted by the respondent for collection, however, the bank had returned the same with endorsement that "account was closed". In the memo of the bank, it was also mentioned that the cheque was also returned because it exceeded the arrangement. The respondent sent a notice under Section 138(b) of the Act, 1881 on 17.04.2007, which was presumed served upon the present applicant but payment was not made to the respondent. Therefore, the respondent filed the complaint on 09.05.2007.

(3.) The Special Judicial Magistrate, Haridwar, in that Complaint Case No. 1371 of 2007 titled as Vinod Kumar Vs. Alok Verma, took the cognizance on 16.05.2007 for the offence punishable under Section 138 of the Act, 1881. The present applicant challenged the said cognizance order dated 16.05.2007, through Criminal Misc. Application No.669 of 2007, Alok Verma Vs. State of Uttarakhand and another, on the ground that the respondent-complainant examined his power of attorney holder under Section 200 of Cr.P.C. This High Court decided the said Criminal Misc. Application on 16.04.2012, whereby the cognizance order was set aside with the direction to the learned Magistrate to proceed with the complaint after recording the statement of the complainant and pass appropriate orders. Thereafter, the respondent- complainant filed his affidavit under Section 200 of Cr.P.C. After considering the matter afresh, the learned Magistrate passed the order on 16.01.2013, whereby the present applicant-accused was summoned under Section 138 of the Act, 1881. Against this summoning order, the present applicant preferred a criminal revision. The learned Additional Sessions Judge decided the same on 28.06.2014, whereby the revision had been rejected. Hence, the present application has been filed.