LAWS(HPH)-2013-7-147

RAJEEV SHARMA Vs. ANAHITA BROADWAYS

Decided On July 29, 2013
RAJEEV SHARMA Appellant
V/S
Anahita Broadways Respondents

JUDGEMENT

(1.) By means of present petition, the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure has been invoked by the petitioner for quashing summoning order Annexure P-3 dated 29.10.2009 and order dated 5.11.2012 declaring him "absconder" by the learned Judicial Magistrate, Court No.1, Sundernagar, District Mandi, in Complaint No.116-1/09/9-III/09 dated 7.9.2009 preferred by the respondent under Section 138 of the Negotiable Instruments Act, 1881, in short "the Act".

(2.) Heard and gone through the record.

(3.) The respondent-concern through its partner Praveen Kumar filed a complaint on 5.9.2009 in the trial Court at Sundernagar (HP) under Section 138 of the Act against the accused petitioner, a resident of Ambala. On perusal of the complaint and the documents appended thereto, finding a prima-facie case under Section 138 of the Act, the petitioner was ordered to be summoned as an accused.