VINAY CONSUL 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 order dated 31.08.2013, passed by Chief Judicial Magistrate, Pauri Garhwal, as also the entire proceedings of criminal complaint case no. 686 of 2013, Bhura vs Vinay Consul, under Section 138 of the Negotiable Instruments Act, pending in the Court of Judicial Magistrate, Srinagar, District Pauri Garhwal.

(2.) Notice was issued to respondent no. 2, but none appeared for respondent no. 2, despite personal service of notice upon him. Such an endorsement was made by the Registry on 05.03.2014. Since then, present application under Section 482 of Cr.P.C. was adjourned from time to time, but today also, none is present for the said respondent.

(3.) The allegations against the accused-applicant were that the applicant, who is the Proprietor partner of A.V.R. Constructions, involved in the construction of road from Bhairavkhal to Tripalisain asked the respondent to do the work of scabber, walls, edging, intercom etc., which was done by the respondent contractor and thereafter the applicant had to pay a sum of Rs. 8,40,000/- to respondent no. 2 in lieu of the wages of the daily wages workers involved in the said work. Two cheques worth Rs. 6,00,000/- and third cheque worth Rs. 2,40,000/- were issued by the accusedapplicant.