LAWS(UTN)-2012-2-9

GAGAN MADAN Vs. RAJESH KUMAR

Decided On February 21, 2012
Gagan Madan Appellant
V/S
RAJESH KUMAR Respondents

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under section 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 1934 of 2011 (old no. 267 of 2011) Rajesh Kumar vs. Gagan Madan, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending in the court of Ist Special Judicial Magistrate Hardwar.

(3.) Learned counsel for the petitioner drew attention of this court to section 200 of Cr.P.C., read with section 145 of Negotiable Instruments Act, 1881, and submitted that the affidavit filed by the complainant with the criminal complaint was inadmissible in evidence. In this connection it is argued that the affidavit is not signed by the deponent.