DEEPAK KALRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD 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. 5832 of 2010, Guru Charan Suri Vs. Dr. Deepak Kalra, relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate, CBI, Dehradun.

(2.) LEARNED counsel for the petitioner submitted that the complainant (respondent No.3) Guru Charan Suri dishonestly represented himself as the sole owner of the property, while executing the agreement of sale with the petitioner. In fact, he is said to be only one of the co -owners.

(3.) IN the circumstances, this Court is not inclined to interfere with the trial of the case. As to the factual pleas of defence, the petitioner is at liberty to take the same before the trial court. Accordingly, the petition under Section 482 of Cr.P.C., is dismissed, with the observation that the trial court shall consider the factual pleas of defence of the petitioner, and shall decide the case as expeditiously as possible, keeping in mind the spirit contained in sub -Section (3) of Section 143 of the Act.