SUBHASH CHAND SHARMA Vs. SANJAY THAKRAN

JUDGEMENT

(1.) By way of the instant petition, the petitioner has invoked the jurisdiction of this Court under Sec. 482 Cr.P.C for seeking the quashing of the order dtd. 5/2/2020 (Annexure P-1) passed by learned Judicial Magistrate Ist Class, Gurugram (for short 'the trial Court') in NACT/1290/2014 dtd. 3/3/2014 titled as" Sanjay Thakran vs. Subhash Chand Sharma" whereby the said complaint case has been ordered to be tried as summons case and also of the judgment dtd. 4/10/2021 (Annexure P-2) passed by learned Additional Sessions Judge, Gurugram, (for short 'the Revisional Court') dismissing the Criminal Revision as preferred by him (petitioner) to assail the order Annexure P-1.

(2.) As per the brief factual-matrix culminating in the filing of the present petition, the respondent-complainant (for short 'the complainant') filed the above-said Criminal Complaint case against the petitioner under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') with the allegation qua the dishonour of the cheque worth Rs.1,42,00,000.00 as issued by him (petitioner). After recording the preliminary evidence, the trial Court summoned the petitioner. Then, after hearing learned counsel for both the parties, the trial Court passed the impugned order Annexure P-1 for serving the notice of accusation to the petitioner under the above-said provisions and for trying the said Complaint Case as a summons case. The petitioner assailed the said order by filing the Criminal Revision but the Revisional Court has upheld the same while dismissing the revision petition vide the impugned judgment Annexure P-2 and feeling aggrieved by the same, the petitioner has preferred this petition.

(3.) I have heard learned counsel for the petitioner in this petition at the preliminary stage and have also perused the file thoroughly.