JAGPAL SINGH Vs. VINOD KUMAR SAINI

JUDGEMENT

(1.) The applicant Jagpal Singh, by means of present petition moved under Section 482 Cr. P.C., seeks to quash the summoning order dated 26.04.2010 passed in Misc. Case No. 687 of 2010 (old no. 2973 of 2009), captioned as Vinod Kumar Saini vs. Jagpal Singh, under Section 420 IPC, pending in the Court of II ACJM/J.M., Roorkee, District Haridwar .

(2.) A criminal complaint case was filed by the complainant (respondent herein) against the accused (applicant herein) in the Court of Judicial Magistrate, Roorkee. Statement of the complainant Vinod Kumar Saini was recorded under Section 200 Cr.P.C. Statements of Adesh Kumar Saini and Prem Singh, Advocate, were recorded under Section 202 Cr.P.C. Certain documents were also filed under Section 202 Cr.P.C. On the basis of the same, accused was summoned to face the trial under Section 420 IPC., vide order dated 26.04.2010, passed by learned Judicial Magistrate, Roorkee. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) According to the complainant (respondent herein), he was a contractor, who used to work for irrigation department. On 04.01.2005, at 4:00 pm, when he was sitting in the chamber of Mr. Prem Singh, Advocate, and his supervisor Rajkumar Saini was present, he received a phone call from Shri D.P.Arora, Junior Engineer, Minor Irrigation, Haldwani, that he was required to come to Haldwani. Complainant gave a blank self cheque, duly signed by him, to Rajkumar Saini and instructed him to make the payment to the labourers. On 05.01.2005, at 8:00 am, complainant proceeded towards Haldwani. He received a phone call from Rajkumar Saini that the cheque was lost. He (Rajkumar Saini) informed that he made an attempt to lodge the first information report regarding the missing of the cheque, but the police directed him to bring the person who signed over the cheque. Complainant returned from Dhampur to Roorkee. He informed District Cooperative Bank, Roorkee that the cheque was lost. He also informed Civil Line Kotwali that his cheque was lost. News was also published in the local newspaper and thereafter, the complainant again proceeded for Haldwani. On 11.09.2009, the complainant received a summons from the Court. Complainant got the file inspected by his Advocate. It was revealed that somebody filled up the amount of Rs. 18 laks in the cheque and also mentioned the date as 10.07.2009. The cheque was presented in the bank as if the same was a genuine cheque. According to the complainant, accused committed offences punishable under Sections 420, 465, 467 and 471 IPC. Complainant also filed documentary evidence in support of his averments in the complaint.