BIMAL SINGH THAPA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the summoning order dated 12.12.2008 passed by Additional Chief Judicial Magistrate 3rd, Dehradun in Complaint Case No.2143 of 2008 titled as Ramesh Singh vs. Bimal Singh Thapa, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act ') The applicant also seeks to quash the proceedings of the aforementioned compliant case pending in the court of Chief Judicial Magistrate, Dehradun. The present application under Section 482 Cr.P.C. is supported by an affidavit.

(2.) NONE appeared for respondent no.2, despite personal service of notice upon him.

(3.) ACCORDING to the complainant, the applicant purchased a piece of land from respondent no.2 on 03.06.2008. A sale deed was executed in favour of applicant and Kishan Singh Negi. Applicant issued a cheque of Rs.26 lakhs dated 20.08.2008 in favour of respondent no.2. Applicant assured that the payment to him would be made when the cheque is presented in the bank for encashment. When the respondent no.2 presented the cheque in UCO Bank, Branch Sahastradhara Road, Dehradun, the same was dishonoured. A return memo dated 09.09.2008 indicated that the payment could not be made for the reason 'payment was stopped by the drawer '. Respondent no.2 sent a notice to the applicant through his Advocate on 06.10.2008, which was served upon the applicant, but inspite of the same, the applicant did not pay the money to respondent no.2. Going by the contents of the complaint, a prima facie case under Section 138 of the Act is made against the applicant.