MOHD. ANWAR Vs. SUBHASH CHANDRA KAINTHOLA

JUDGEMENT

(1.) By means of present application under Sec. 482 Crimial P.C., the applicant seeks to quash the summoning order dated 24.08.2015 (Annexure 3 to the petition) along with entire proceedings of complaint case no. 738 of 2015, Subhash Chandra Kainthola Vs. Mohd. Anwar, pending in the court of Addl. Chief Judicial Magistrate, Kotdwar District Pauri Garhwal.

(2.) Accused-applicant has been summoned to face the trial for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881, vide order dated 24.08.2015, on a complaint instituted by the complainant/respondent for the same in the court of Addl. Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. Although the request of the complainant/respondent was that the accused-applicant should also be summoned to face the trial under Sections 420, 422, 467 Penal Code also, but the trial court did not find favour with the same and only summoned the accused-applicant under Sec. 138 of the Negotiable Instruments Act. Hence, present application under Sec. 482 Cr.P.C.

(3.) Cheque issued by the accused-applicant to the complainant/respondent was dishonoured only on the ground that -'amount in words and figures differs'. Thus, there was cheque irregularity, as per the bank with whom the cheque was presented, for clearance.