SADAN LAL Vs. SATISH KUMAR

JUDGEMENT

(1.) By means of the present C528 application, the applicant has challenged the cognizance/ summoning order dtd. 14/10/2022 in Complaint Case No.2094 of 2022 (Old No.180 of 2021) Satish Vs. Sadan Lal, passed by learned Additional Chief Judicial Magistrate, Haridwar, whereby, the applicant was summoned under Sec. 138 of the Negotiable Instruments Act (hereinafter to be referred to as 'the Act') as well as the entire proceedings of the aforesaid criminal case.

(2.) The facts which are not in dispute are that a cheque No.768604 amounting to Rs.27.00 Lakhs was issued by applicant to respondent-complainant on 24/12/2020, which was dishonored on 31/12/2020 while presenting by respondent-complainant to his Bank Account with a remark 'funds insufficient'. He sent a legal notice dtd. 7/1/2021 stating the entire facts of dishonour of the cheque on the ground as stated above which was served upon the applicant on 8/1/2021. Applicant despite service of notice upon him, didn't return the amount under cheque in-dispute, thus, the respondent filed complaint against the applicant, which was registered as Complaint Case No.2094 of 2022, Satish Vs. Sadan Lal.

(3.) The respondent-complainant got himself examined under the provisions of Sec. 200 Cr.P.C. and produced relevant documentary evidence to substantiate his version. Learned Additional Chief Judicial Magistrate, Haridwar took the cognizance of the matter and summoned the applicant under Sec. 138 of the Act vide order dtd. 14/10/2022.