VIRENDRA SINGH BISHT Vs. SAHIL TRADING COMPANY

JUDGEMENT

(1.) THE applicant, by means of present petition moved under Section 482 Cr. P.C., seeks to quash the summoning order dated 18.06.2010 (annexure -6) as well as the proceedings of Criminal Case No. 865 of 2010, M/S Sahil Trading vs. Virendra Singh, under Section 138 of the Negotiable Instruments Act, 1881, pending in the Court of Additional Judicial Magistrate, Rishikesh.

(2.) THE complainant (respondent herein) filed a criminal complaint case against the accused (applicant herein) in the Court of Additional Judicial Magistrate, Rishikesh. Statement of the complainant was recorded under Section 200 Cr.P.C. A copy of bank cheque, copy of notice, postal receipts, photo -state copies of the receipts, copy of the reply and bank memo were filed under Section 202 Cr.P.C. After having found a prima facie case, accused (applicant herein) was summoned to face the trial under Section 138 of the Negotiable Instruments Act, 1881 vide order dated 18.06.2010. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) THE complainant stated in his complaint, among other things, that the applicant was running a hardware shop at Mandal, which was a remote area and situated near Gopeswar District Chamoli. The respondent was running his business at Rishikesh and was a supplier of cement and other hardware material. Applicant was purchasing hardware material from the respondent for the last about ten years from the date of dispute. Applicant supplied very poor quality of iron to the applicant in the year 2009, so applicant refused to keep that iron and informed to the respondent to take this iron back from shop of the applicant and requested to replace this iron with the good quality of iron, but respondent did not take back this poor quality of iron from the shop of the applicant. The quantity of iron was about 35 -40 quintals.