ASHOK SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Daga, learned counsel for applicant, Sri Swetashwa Agarwal, learned counsel for opposite party no.2 and Sri Shashidhar Pandey, learned AGA for the State.

(2.) By means of this application under Sec. 482 Cr.P.C. the applicant has prayed for quashing the summoning order dtd. 16/2/2016 passed by Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar in Criminal Complaint Case No.49/9 of 2016 (whereby the trial court summoned accused applicant for the offence punishable under Sec. 138 of Negotiable Instruments Act) as well as entire proceedings of Criminal Complaint Case No.49/9 of 2016 (Uttarakhand Engineering Products Pvt. Ltd. Vs. M/s. Trimurti Concast Pvt. Ltd. and others), under Sec. 138 of N.I.Act, Police Station New Mandi, District Muzaffarnagar, pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar.

(3.) Brief facts of the case are that Uttarakhand Engineering Products Private Limited (here-in-after for the sake of brevity has been referred to as 'Complainant') is engaged in the business of Sponge Iron and Silicon Manganese. M/s Trimurti Concast Pvt. Ltd. placed an order for supply of Sponge Iron and Silicon Manganese, the complainant supplied the product, thereafter, M/s Trimurti Concast Pvt. Ltd gave a cheque of Rs.1,07,05,318.00 on 16/7/2015 bearing cheque no.000441 drawn in HDFC Bank, 53/4-A, Bagh Kambalwala, Jansath Road, New Mandi Muzaffarnagar. This cheque was presented on 12/10/2015 and the same was bounced because of insufficiency of funds, thereafter, the complainant gave a legal notice on 23/10/2015 within stipulated time. When, M/s Trimurti Concast Pvt. Ltd did not pay the said amount the complainant was left with no option but to file a complaint under Sec. 138 of Negotiable Instruments Act before Chief Judicial Magistrate, Muzaffarnagar. The evidence was filed by way of an affidavit and also filed all relevant documents, thereafter, the Court was pleased to issue summons on 16/2/2016.