MANIK GHOSH Vs. ARVIND SINGH DEVOPA

JUDGEMENT

(1.) The respondent has filed a complaint under Section 138 of Negotiable Instruments Act before the learned Chief Judicial Magistrate, Champawat against the present applicant and another co-accused, namely, Pankaj Bhagat, who were the employees of M/s Nyimi Enterprises. The allegation against the present applicant is that he issued a cheque of Rs. 3,02,824/- (Rupees Three Lakh Two Thousand Eight Hundred and Twenty Four Only) in favour of the complainant, which was subsequently dishonoured due to "insufficient fund".

(2.) Heard Mr. B.S. Adhikari, learned counsel for the applicant and perused the records.

(3.) It is an admitted fact that the alleged cheque bears the signature of the present applicant. Considering the facts and circumstances of the case as well as the fact that the court below has only issued summons to the applicant, this Court is not inclined to interfere in the present matter as far as the proceedings are concerned. The proceedings shall go on before the court below, in accordance with law. However, the applicant would be at liberty to raise all legal and factual submissions before the court below, in case need so arises. At this stage, this Court finds the present matter is premature to make any kind of interference.