SARIKA SETHI Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The applicant, by way of present petition/application moved under Sec. 482 Crimial P.C., seeks to quash the summoning order dated 03.04.2013 and the proceedings of Complaint Case No. 817 of 2013, Mukesh Arora Vs. Sarika Sethi and another , under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act), pending in the Court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar.

(2.) Complainant/respondent no. 3 filed a complaint against two accused persons including the applicant in the Court of ACJM, Roorkee, for the offences punishable under Sections 420, 120-B Penal Code and Sec. 138 of the Act read with Sec. 109 IPC. After recording the statements under Sections 200 and 202 Crimial P.C., coupled with the filing of documents, learned Additional Chief Judicial Magistrate, Roorkee, having found a prima facie case against the accused-applicant, summoned her to face the trial under Sec. 138 of the Act, vide order dated 03.04.2013. Aggrieved against the impugned order of summoning, present application under Sec. 482 Crimial P.C. was moved by the accused-applicant.

(3.) Learned counsel for the applicant assailed the impugned summoning order on two grounds: