P C JAIN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this application U/s 482 Cr. P. C. the petitioner has sought the re lief for quashing the impugned summon ing order dated 18-07-2005 passed by J. M. Roorkee, in complaint case No. 1392/ 2005, Dr. Subodh Gupta Vs. P. C. Jain, U/s 138 of Negotiable Instrument Act. The petitioner has also prayed for quash ing the aforesaid entire complaint case.

(2.) BRIEF facts of the case are that respondent No. 3 Dr. Subodh Gupta filed a complaint against the petitioner U/s 138 of the Negotiable Instrument Act on 12-7-2005 before the Court of Judicial Magistrate, Roorkee. The complainant in support of his case also filed his state ments on an affidavit U/s 200 Cr. P. C. The case of the complainant was that after repeated requests made by the complainant for the return of the money amounting to Rs. 5,00,500/-, which was taken by the petitioner/accused Prem Chand Jain as loan, a cheque was given to the complainant, but the same was dishonoured. The complainant thereaf ter issued the notice to the accused/pe titioner but the accused did not pay back the amount which was taken by him as loan. The complainant has also taken the plea that the liability to make the payment was with the accused/peti tioner being the proprietor as well as the incharge of the business of the company.

(3.) THE respondent No. 3 has filed the counter affidavit refuting the facts mentioned in the petition. THE respond ent No. 3 also filed the supplementary counter affidavit. THEreafter the peti tioner has filed the rejoinder affidavit.