A.K. JAIN Vs. RAJESH YADAV

JUDGEMENT

(1.) BY way of this Criminal Miscellaneous Application, the applicant has prayed for quashing of the summoning order dated 13.5.2008, passed by the Ist Additional Chief Judicial Magistrate, Haridwar in Case No. 663/2008, Rajesh Yadav v. A.K. Jain, whereby the applicant has been summoned to face the trial for the office punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').

(2.) THE factual backdrop of the controversy is that the Respondent A.K. Jain purchased a piece of land near Jhabrera, Haridwar through the complainant Rajesh Yadav, and in connection with that purchase, he gave a cheque of Rs. 52,000/ - to the complainant towards payment of commission and margin money. On 12.2.2008, the complainant presented the said cheque bearing No. "586523" dated 30.1.2008 drawn at Punjab National Bank, Model Town, Delhi before the bank for encashment, but the same was dishonored by the bank on account of insufficient fund in the account of the drawer of the cheque. The memo of return of the said cheque unpaid by the bank was received by the complainant on 14.2.2008.

(3.) THE learned Magistrate, after perusing the papers in support of the complainant as well as the statement of the complainant, took cognizance of the matter and summoned the applicant A.K. Jain vide the impugned order dated 13.5.2008. Hence, this petition.