RISHI BHARDWAJ Vs. STATE OF UTTARAKHAND & ANR

JUDGEMENT

(1.) By means of present criminal misc. application under Section 482 of The Code of Criminal Procedure, 1973, applicant seeks to quash the summoning order dated 30.01.2017 as well as the entire proceedings of criminal complaint case no.72 of 2017 under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate, Almora.

(2.) Brief facts of the case are that on 11.01.2017 respondent no.2/complainant filed a criminal complaint against the applicant before the Chief Judicial Magistrate, Almora under Section 138 of Negotiable Instruments Act, 1881 alleging therein that the respondent no.2 is a company registered under the Companies Act and its branch office is situated at Link Road Thapliya, Almora which involves in the business of finance/financial assistance. It was stated that the respondent no.2 is the power of attorney holder of the aforesaid company. The applicant has been assisted through a financial assistance of Rs. 2,60,000/- for the purpose of a purchasing a vehicle Mahindra DI3200 and agreement to this effect has been executed between the parties. Due to legal liability of the aforesaid financial assistance, the applicant submitted a cheque no.721741 dated 29.2016 for Rs. 1,91,445/- of his bank, namely, Syndicate Bank, SIDCUL, Rudrapur, but when the aforesaid cheque was presented for encashment, same got dishonored with an endorsement "funds insufficient". Thereafter, respondent no.2 send a legal notice to the applicant through his counsel on 09.12016, but the said notice could not be served upon the applicant though it was sent on the correct address and returned to the respondent no.2 being undelivered. On this, criminal case no.72 of 2017 was registered. In support of complaint, the complainant filed his statement u/s 200 Cr.P.C. in the form of affidavit and also filed the documents including the original cheque dated 11.11.2016, information dated 11.11.2016 received from the Bank and copy of the notices sent to the accused. After perusal of the complaint and the statement of the complainant filed under Section 200 Cr.P.C., Judicial Magistrate, Almora, vide order dated 30.01.2018, took the cognizance on the complaint filed by the complainant and summoned the accused/applicant, for allegedly committing offence punishable under Section 138 of N.I. Act.

(3.) Learned counsel for the applicant would submit that as per the amended provision of section 202 Cr.P.C. it is incumbent upon the learned Magistrate to carry out an inquiry or investigation by the police official or by such other person as he thinks fit for the purpose of deciding whether there is sufficient ground for proceeding or not.