VISESH KUMAR Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE sole contention against the summoning order raised on behalf of the learned Counsel for the Petitioner Visesh Kumar is that in paragraph 5 of the complaint, the prayer was made by the complainant for issuance of the summon against the accused for the offence under Section 138 of the Banking Public Finance Institution and Negotiable Instruments (Amendment) Laws, 1988, while the learned Judicial Magistrate, Kashipur has issued the summoning order dated 11.6.2007 for the offence under Section 138 of the Negotiable Instruments Act, 1881, which is an anomaly. So, this order is vitiated and liable to be quashed.

(3.) FOR the reasons stated above, this petition has no force and liable to be dismissed. The same is dismissed accordingly. Stay order, if any, is vacated.