BHIM SINGH Vs. BHAWAN DUTT BHATT

JUDGEMENT

(1.) The This application under Sec. 482 of the Code of Criminal Procedure has been filed by the Applicant for quashing the summoning order dtd. 29/7/2022 passed by the Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Complaint Case No.1012 of 2022 (Bhawan Dutt Bhatt vs. Bhim Singh) under Sec. 138 of the Negotiable Instruments Act, as well as the entire proceedings arising therefrom.

(2.) The brief and undisputed background, as emerges from the record, is that the Respondent filed a complaint under Sec. 138 of the Negotiable Instruments Act alleging that he had paid a total amount of Rs.20.00 lakhs in cash to the Applicant for construction of a residential house, and that upon failure of the Applicant to carry out the construction, two cheques of Rs.10.00 lakhs each dtd. 18/6/2022 were issued, which on presentation were dishonoured due to insufficiency of funds. After issuance of statutory notice and non-payment, the complaint was filed, whereupon the learned Magistrate, by order dtd. 29/7/2022, summoned the Applicant.

(3.) It is not in dispute that the Applicant is a resident of District Nainital, whereas the complaint was filed and entertained by the court at Khatima, District Udham Singh Nagar. It is also borne out from the summoning order that before issuance of process, no enquiry or investigation under Sec. 202 Cr.P.C. was conducted.