ATIYA SABRI vs SHAREEF AHMAD

By means of present writ petition, petitioner seeks following relief, among others :- "a) Quash the summoning order dated 17.08.2016 passed by Additional Chief Judicial Magistrate, Laksar, Haridwar in complaint case no. 244 of 2016 Shareef Ahmad vs. Atiya Sabri, under Section 138 of Negotiable Instruments, Act 1881, pending before the Additional Chief Judicial Magistrate, Laksar, Haridwar. b) Quash order dated 27.02.2017, passed by Additional Sessions Judge, Laksar, District Haridwar in Criminal Revision No. 533 of 2016, Atiya Sabri vs. Shareef Ahmad."

On a criminal complaint case filed by the complainant/respondent, the applicant was summoned to face the trial for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, by the Additional Chief Judicial Magistrate, Laksar, Haridwar, vide order dated 17.08.2016. Aggrieved against the same, the applicant accused preferred a criminal revision in the court of Sessions Judge, Haridwar, which was dismissed by learned Additional Sessions Judge, Laksar, Haridwar, vide order dated 27.02.2017. Hence the present application under Section 482 of Cr.P.C.

According to learned counsel for the applicant, the real facts of the case, as have been mentioned in the petition are as under:- "2 (e) That case of respondent does not cover under Section 138 of Negotiable Instruments Act 1881, as this is a case of forgery as in a forge manner account in the name of applicant has been opened in the bank with the collusion of bank employees