DHIRAJ GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Anil Mullick, learned counsel for the applicant, learned AGA for the State-respondent and also perused the material available on record.

(2.) By means of the present application under Sec. 482 Cr.P.C., the applicant has invoked inherent jurisdiction of the Court with a prayer to quash the summoning order dtd. 2/9/2008 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.2, Meerut, in Case No.2126 of 2008, Imran Khan Vs. Dhiraj Gupta, under Sec. 138 of Negotiable Instruments Act, Police Station- Sadar Bazar, District- Meerut.

(3.) Facts, in brief, giving rise to the present application are that the complaint under Sec. 138 of Negotiable Instruments Act has been filed by the complainant Imran Khan wherein it has been alleged that the applicant Dhiraj Gupta had borrowed Rs.60,000.00 from the complainant for his business and issued a post-dated cheque no.903149 dtd. 25/2/2008 to the tune of Rs.60,000.00 of Gym Khana Branch, Meerut of Punjab National Bank. The complainant had deposited the cheque on 29/2/2008 and the same was bounced with the remark "funds insufficient". A demand notice was sent by registered post to the applicant within a limitation period of 15 days. The receipt of said notice is said to have not returned to the complainant. An affidavit was filed regarding the statement recorded under Sec. 200 Cr.P.C. The applicant herein is said to have not returned the borrowed money even after sending the notice and the cheque having bounced. The learned Magistrate has summoned the applicant vide order dtd. 2/9/2008. It has been argued that the impugned order dtd. 2/9/2008 has been passed without application of mind and is a cryptic order. Learned counsel for the applicant has vehemently argued that there is no receipt regarding service of notice sent on behalf of the complainant/opposite party no.2.