SONU KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 4.9.2009 passed by the Judicial Magistrate, Court No. 1, Ghaziabad in Complaint Case No. 4000 of 2009, M/s Shdes -king Vs. Shoe -King and others, summoning the revisionist under Section 138 of the Negotiable Instruments Act, Police Station Sihani Gate, District Ghaziabad.

(2.) BRIEF facts of the complaint are that the complainant/opposite party no. 2 filed a complaint before the court concerned under Section 138 Cr.P.C. The complainant filed his affidavit as evidence under Section 200 Cr.P.C., and in inquiry under Section 202 Cr.P.C., he submitted the original Cheque No.578556 amounting to Rs.15,00,000/ - dated 27.5.2009, bank memo of P.N.B. by which the cheque was dishonoured, bank memo of his bank, namely, the South Indian Bank Ltd., carbon copy of the legal notice dated 20.6.2009, receipts of speed post and U.P.C., and the reply submitted by the revisionist.

(3.) THE learned lower court, after perusal of all the evidence on record, summoned the accused under Section 138 of the Negotiable Instruments Act, vide order dated 4.9.2009, against which order the revisionist has come up in the present revision.