SHRINIWAS GAUTAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C482 application, applicant has challenged the entire proceedings of Criminal Compliant Case No.461 of 2019 along with summoning order dtd. 16/8/2019, passed by learned Judicial Magistrate, Ramnagar, District Nainital, whereby applicant was summoned to face the trial for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act") as well as the Revisional Court's order dtd. 27/4/2023, passed by learned Additional Sessions Judge, Ramnagar, District Nainital in Criminal Revision No.94 of 2022, by which the summoning order was affirmed.

(2.) Heard learned counsel for the parties.

(3.) From perusal of the complaint, it is reflected that Shriniwas Gautam, S/o Kanchan Das (the applicant) had issued a cheque, bearing Cheque No.000015 of Rs.5,00,000.00 dtd. 11/1/2019 to the complainant-respondent with the assurance that as and when the cheque will be submitted before the bank, the same will be encashed.