SURESH KUMAR AGGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present C482 application, applicant has put to challenge the summoning order dtd. 5/6/2023 as well as the cognizance order dtd. 13/6/2022, passed by learned Judicial Magistrate/First Additional Civil Judge, Haridwar, whereby the applicant was summoned for facing the trial under Sec. 406 IPC in Complaint Case No.1315 of 2022, Anish Chand Ohri vs. Suresh Kumar Aggarwal as well as the complaint and emanating proceedings therefrom.

(2.) Brief facts of the case are that respondent no.2 moved an application/complaint dtd. 23/3/2022 to the court of learned Judicial Magstrate, Haridwar alleging therein that a deal was finalized by him and his family of Rs.55,00,000.00 with the applicant for a factory, namely, M/s Aggarwal Die Casting and Iron Industry, in which, the share of applicant was 36% in partnership and respondent no.2 gave several cheques to the applicant as per the deal. It is also stated in the complaint that due to mistake a cheque of Rs.4,00,000.00 has given in excess to the applicant and he did not return the same on the pretext that the amount of said cheque is not payable to him. It is further stated in the complaint that the cheque of Rs.3,00,000.00 was given as security to the applicant, which he did not return and misused the same. In the complaint, it is also stated that respondent no.2 made a complaint on 7/2/2022 to the Police Station Kotwali, Haridwar against the applicant for not returning the excess amount received by the applicant and also threatened him of dire consequences.

(3.) Thereafter, on 13/6/2022, the learned Judicial Magistrate/First Additional Civil Judge, Haridwar has observed that there is no need of police investigation and the matter was converted into complaint; took cognizance and fixed the matter for recording of evidence under Sec. 200 of Cr.P.C. On 20/9/2022, respondent no.2 got examined himself under Sec. 200 Cr.P.C. and other witness on his behalf. Thereafter, learned trial court vide order dtd. 5/6/2023 summoned the applicant under Sec. 406 IPC for trial. Hence, the applicant is before this Court