RISHIKESH RAI Vs. STATE

JUDGEMENT

(1.) BY way of this petition under Section 482 Cr. P. C. , the petitioner has prayed for quashing the impugned summoning order dated 06. 09. 2006 and notice dated 04. 05. 2007 passed by Civil Judicial (S. D.)/judicial Magistrate, Rudrapur, District Udham Singh Nagar in Case No. 967 of 2007, under Section 138 of Negotiable Instrument Act.

(2.) HEARD Sri B. N. Molkhi, learned counsel for the petitioner, Sri Pradeep Hairiya, learned counsel for the respondent No. 2 and perused the record.

(3.) HAVING considered the material available before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. I am not supposed to embark upon an enquiry as to whether the evidence in question is reliable or not or whether on the reasonable appreciation of it, accusation would be sustained or not. It is the function of the trial judge where the evidence is yet to come and the matter is to be decided finally. I do not find any illegality in the impugned summoning order passed by the learned Magistrate. I do not find any merit in this case at this stage.