HARIOM AGGARWAL Vs. MAHENDRA KUMAR AGGARWAL

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to set aside the order dated 07.09.2013, passed by Addl. Sessions Judge II, Rudrapur, Udham Singh Nagar, as also the revision preferred by the respondent against the summoning order dated 08.12.2011, passed by Addl. Chief Judicial Magistrate, Kashipur, in criminal complaint case no. 2417 of 2011, titled as Hariom Aggarwal vs Mahendra Kumar.

(2.) Applicant is the complainant, who filed a criminal complaint case against the accused-respondent under Section 138 of the Negotiable Instruments Act. Annexure 4 is the copy of the criminal complaint case filed by the complaint against the accused for prosecuting the accused under Section 138 of the Negotiable Instruments Act.

(3.) Accused was summoned to face the trial for the said offence. Aggrieved against the same, the accused preferred a criminal revision, which was allowed by the revisional court. Summoning order was set aside by the impugned order dated 07.09.2013, against which present application under Section 482 Cr.P.C. has been filed by the complainant. Learned revisional court allowed the criminal revision filed by the accused-respondent on the ground that notice was not served upon the accused-respondent. Learned revisional court relied upon the endorsement made by the post office on the notice issued to the accused, in which it was mentioned that "Factory is sealed. Drawer is not found". Learned revisional court was of the view that service of notice cannot be deemed on the accused in view of such endorsement of the post office.