VINOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and the learned A.G.A.

(2.) The present 482 Criminal Procedure Code petition has been filed by the applicant with a prayer for quashing of summoning order dated 18.1.2011, whereby the Judicial Magistrate 1st Gorakhpur had summoned the applicant in case no.1533 of 2010, Pramod Kumar Yadav Vs. Vinod Kumar Verma, under Section 138 N. I. Act, P.S. Cantt. District Gorakhpur.

(3.) The opposite party no.2 had filed a complaint under Section 138 N. I. Act before the Judicial Magistrate, Gorakhpur on 31.5.2010 that the applicant had purchased a 'Rino' car in the name of his wife on 14.2.2009 of Rs.6,80,000/-. The applicant had financed three lacs rupees from the Andhra Bank, the opposite party no.2 is the Branch Manager of the Andhra Bank and paid three lacs rupees through draft and for remaining Rs.3,80,810/- a cheque no.060489 dated 9.12.2009 of I.D.B.I. Bank was given to the opposite party no.2 by saying that the said cheque may be encashed after one week. When after one week he had submitted the cheque in the bank that was returned by the bank with the endorsement that there is insufficient fund in the account of the applicant. Therefore a legal notice was sent to the applicant on 14.6.2010 and when no satisfactory reply was received the opposite party no.2 filed the present complaint against the applicant on 6.7.2010. The court below has recorded the statement of the complaint under Section 200 Criminal Procedure Code and on the basis of allegations made in the complaint and other evidence adduced thereof arrived at the conclusion that prima facie offence is made out against the applicant and as such passed the order dated 18.1.2011 summoning the applicant to face trial.