RAVI KANT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, leaned A.G.A. and perused the record.

(2.) THE prayer has been made for quashing the Complaint Case No. 1995 of 2010, under Section 138 of Negotiable Instruments Act, police station Brahampuri, district Meerut whereby the applicant has been summoned by order dated 14.12.2010 under Section 138 of Negotiable Instruments Act.

(3.) THEREFORE , in view of the aforesaid decision the court below has not followed the procedure of Section 138 N.I. Act while summoning the applicant under Section 138 N.I. Act by recording the statement of the complainant under Section 200 Criminal Procedure Code and of the witnesses under Section 202 Criminal Procedure Code, therefore, the order dated 14.12.2010 is hereby set aside with the direction that the court below shall pass appropriate order afresh after recording the statement of the complainant and the witnesses.