DR. VIJAY GUPTA Vs. INDRAMANI JOSHI

JUDGEMENT

(1.) BY way of this Criminal Miscellaneous Application, applicant has prayed for quashing the summoning order dated 20.12.2005, passed by the Special Judicial Magistrate, Rishikesh (Dehradun) in Complaint Case No. 795/2005 under Section 138 of the Negotiable Instruments Act and Section 420 IPC. The applicant has also prayed to quash the order dated 23.12.2008, whereby the objections made against the said summoning order have been rejected by the court below and the summoning order was affirmed.

(2.) HEARD learned Counsel for the parties and perused the papers on record.

(3.) BEFORE filing the aforesaid two complaints, the complainant/Respondent, as is required under the Negotiable Instruments Act, sent separate notices to Dr. Vijay Gupta and Ram Gopal. But at the time of filing the complaints, the notices, which were pre -requisites for initiation of the proceedings under Section 138(b) of the NI Act, got interchanged on account of mistake on the part of the learned Counsel for the complainant i.e. notice relating to complaint case No. 794/2005 was annexed with the Complaint Case No. 795/2005 and vice versa. However, when this slip -up came into knowledge of the learned Counsel for the complainant, an application was moved to place these notices in their respective files so that the pleadings of the complaints may appear in their correct order. The application was opposed on behalf of the accused persons, but the same was allowed on 18.2.2008, and the above notices were kept with their respective files.