LAKHPAT SINGH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the summoning order dated 08.07.2010, as well as the proceedings of criminal complaint case no. 887 of 2010, Vikki Sahai vs Lakhpat Singh, under Sections 420, 467, 468, 471 of IPC, pending in the court of II Addl. Civil Judge (J.D.) / Judicial Magistrate, Roorkee, District Haridwar.

(2.) Informant (respondent no. 2 herein) lodged an FIR at police station, Gangnahar, District Haridwar on 03.04.2008, against the accused-applicant for the offences punishable under Sections 420, 467, 506, 468, 471 of IPC. After the investigation, a final report was submitted, against which protest petition was filed by respondent no. 2. A criminal complaint case was, therefore, registered against the accused. Statements of the complainant under Section 200 of Cr.P.C. were recorded. Manoj Kumar and Kasturi Devi were examined under Section 202 of Cr.P.C. Having found a prima facie case against the accused for the offences punishable under Sections 420, 467, 468, 471 of IPC, he was summoned to face the trial for the selfsame offences, vide order dated 08.07.2010, passed by learned II Addl. Civil Judge (J.D.) / Judicial Magistrate, Roorkee. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.

(3.) As per FIR, father of respondent no. 2 signed cheque no. 75643 in the year 2006 alongwith some other cheques, which were lost in the selfsame year. Respondent no. 2 informed police station concerned regarding loss of cheques. Applicant, thereafter, used such cheque by filling up an amount of Rs. 5,00,000/-. Since informant s father had requested the bank on 25.10.2006 to stop payment, therefore, the bank did not release the amount in favour of the applicant. In a nutshell, it was the allegation that the applicant prepared a forged cheque by mentioning Rs. 5,00,000/- in the same and presenting the same for encashment in the bank.