ASHOK KUMAR KHANNA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Rajesh Shukla, counsel for the applicant and learned A.G.A. for State. No one has appeared on behalf of opposite party no.2.

(2.) This application under Sec. 482 Cr.P.C. has been filed challenging summoning order dtd. 8/10/2007 passed by Judicial Magistrate-II, Court no.5, Saharanpur in Case No. 699 of 2007 (Naseem Ahmad Vs. Ashok Kumar) under Ss. 138 N. I. Act, Police Station-Rampur, District-Saharanpur as well as the entire proceedings of the above mentioned case.

(3.) It transpires from record that applicant gave a cheque dtd. 7/4/2007 valued at Rs.31,500.00 to opposite party no.2. Aforesaid cheque was presented by opposite party no.2 in his Bank but the same was not encashed by the issuing Branch on the ground that applicant has stopped payment. Conquently opposite party no.2 gave a notice dtd. 1/6/2007 through his counsel by registered post, which was returned unserved. As a result, opposite party no.2 filed Complaint Case No. 669 of 2007 (Naseem Ahmad Vs. Ashok Kumar) under Ss. 138 N. I. Act, Police Station-Rampur, District-Saharanpur in the Court of Judicial Magistrate- II, Saharnpur. Court- below upon evaluation of allegations made in complaint as well as statement of complainant and his witnesses as recorded under Ss. 200 and 202 Cr.P.C. has summoned the applicant by means of summoning order dtd. 8/10/2007. Thus feeling aggrieved by summoning order dtd. 8/10/2007 as well as entire proceedings of above mentioned complaint case, applicant has now approached this Court by means of present application under Sec. 482 Cr.P.C.