VIKRAM SINGH Vs. CHAIN CHAND

JUDGEMENT

(1.) In the instant petition, the petitioner is seeking quashment of criminal proceedings initiated against him in complaint tided Chain Chand Vs. Vikram Singh , under section 138 of the Negotiable Instruments Act, 1881 (for short Act of 1881), pending in the Court, of CJM Udampur, as also order dated 30,05.2007 by which the application of the petitioner for dropping of proceedings stands dismissed.

(2.) The facts which have given rise for filing of the instant petition are detailed out as under:

(3.) Thereafter, the respondent filed a complaint on 02.03.2006 u/s. 138 of the Act of 1881 against the petitioner in the Court of CJM, Udampur. The CJM Udampur has taken cognizance of the complaint and issued, process for appearance of the petitioner. Petitioner submits that, on appearance, he filed an application seeking dismissal of the complaint under the provisions of the Act of 1881 on the ground that same is not maintainable. But the trial Court dismissed the application on the ground that the complaint cannot be dismissed at the threshold without recording evidence.