ARVINDER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioner has sought quashing of the order dated 06.05.2009, passed by Additional Chief Judicial Magistrate, II, Dehradun, in criminal complaint case no. 422 of 2008 Arvinder Singh vs. Jag Narain, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, whereby said court has dismissed the criminal complaint for non prosecution under section 256 of Cr.P.C. The petitioner has further challenged order dated 18.04.2011, passed by Additional Sessions Judge/Ist Fast Track Court Dehradun, in criminal revision no. 90 of 2009, whereby the said revision was dismissed

(3.) Brief facts of the case are that the criminal complaint was filed before Special Judicial Magistrate, I, Dehradun, by the petitioner Arvinder Singh against present respondent no. 2 Jagnarayan relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, after cheque no. 115342 dated 7.04.2004, for an amount of Rs 81,000/- was dishonoured by the bankers. It appears that the present respondent no. 2 was summoned by the trial court after proceeding under section 200/202 Cr.P.C., by exercising powers under section 204 (Cr.P.C.). It appears that 06.05.2009, was the date fixed in the case on which date the complainant did not appear, and the Magistrate exercised its powers under section 256 Cr.P.C., dismissed the criminal complaint, and the accused stood acquitted.