SHAMSHAD ALI Vs. STATE

JUDGEMENT

(1.) BY means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the proceedings of criminal complaint case no. 364 of 2009, Aness Ahmad vs. Shamshad Ali, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending in the court of 1 st Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Roorkee, District Haridwar.

(2.) HEARD learned counsel for the parties, and perused affidavit, counter affidavit and rejoinder affidavit.

(3.) IT is argued on behalf of the present petitioner that the trial court has wrongly taken cognizance of the offence punishable under section 138 of Negotiable Instruments Act, as the same was entertained in violation on the above mentioned provisions of the law. It is further argued that the proceedings of the criminal complaint case are liable to be quashed. In support of his case, the petitioner has relied in the case of Anil Kumar Shukla vs. State of U.P. 2008 (2) ALJ 417.