LAWS(UTN)-2011-9-207

NARENDRA KUMAR Vs. STATE OF UTTARAKHAND AND ANOTHER

Decided On September 29, 2011
NARENDRA KUMAR Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) BY way of this criminal miscellaneous application moved Under Section 482/483 Code of Criminal Procedure., the prayer has been made to quash and set aside the entire proceedings of criminal complaint case No. 2260 of 2007, Bala Gupta v. Narendra Kumar, under Sections 420, 504 and 506 Indian Penal Code, pertaining to P.S. Kotwali Haridwar, District Haridwar.

(2.) IT is pertinent to mention here that opposite party No. 2 has been served personally but none has turned up on his behalf, so this Court has given hearing to Learned Counsel for the Petitioner only.

(3.) OPPOSITE party No. 2 while noticing the filing of complaint by the Petitioner and the order of cognizance nay issuing the summons, filed a complaint against the Petitioner Narendra Kumar on dated 5.5.2007 stating that the Petitioner has made fabrication in one of the Cheques issued by him as a sale consideration of television and fridge. This fabrication has been made by putting a digit/figure '1' before the denomination of Rs. 1,000/ -, making it a Cheque of total denomination of Rs. 11,000/ -. When on 22.4.2007 at about 6 PM, opposite party No. 2 went to the shop of Petitioner to produce this fabrication, then the latter insulted him by slapping and hurling abuses. Petitioner asserted that he will have to recover Rs. 11,000/ - instead of Rs. 1,000/ -.