ANIL KUMAR Vs. ANOOK BISHT

JUDGEMENT

(1.) The petitioner has been issued summons in a complaint filed u/s 138 of the Negotiable Instruments Act ( For short 'the Act') by Mr. Saurab Gupta, Judicial Magistrate 1st Class, Faridabad under Rules 1 and 3 of Order 5 Code of Civil Procedure informing the petitioner that a complainant u/s 138 of the Act has been filed against him and he is directed to appear in person on 26.10.2012 and submit reply within a period of 30 days after receipt of the summons. It was further directed that the documents in support of the reply be also submitted.

(2.) The comments of the Judicial officer were called for, whether any summoning order has been passed on consideration of preliminary evidence. It has been reported that as the accused was resident of a place beyond the jurisdiction of the court, as such, report u/s 202 Crimial P.C. was sought from the concerned police station. It was mentioned in the report that the cheque had been bounced on account of insufficient funds in the account of accused Anil Kumar, therefore, the following summoning order dated 13.8.2012 was passed:-

(3.) The notice was issued to the petitioner on the form of summons under Rules 1 and 3 of Order 5,C.P.C. as under:-