Kailash Chandra vs State of Uttarakhand and Another

Sudhanshu Dhulia, J.—Heard Mr. B.N. Molakhi, Advocate for the applicant and Mr. M.A. Khan, Brief Holder for the State of Uttarakhand.

By means of this application filed u/s 482 of Code of Criminal Procedure the applicant is challenging the summoning order dated 22.3.2010 passed by the Judicial Magistrate (First Class), Bageshwar on a complaint made by Respondent No. 2 u/s 138, 142 of the Negotiable Instruments Act, 1881 and Sections 415, 419 & 420 IPC, which was registered as Criminal Case No. 7 of 2010.

Brief facts of the case are that the applicant had issued a cheque of Rs. 1,00,000/- in favour of Respondent No. 2. Since the said cheque was dishonoured, Respondent No. 2 filed a complaint u/s 138 of the Negotiable Instruments Act, 1881 which was registered as Criminal Case No. 7 of 2010. On the basis of the complaint filed by Respondent No. 2, the Judicial Magistrate (First Class), Bageshwar took cognizance and issued a summoning order against the applicant.

On the basis of the averments made in the petition and considering the nature of the offence, this Court finds no justifiable reasons to make interference in this case in its inherent and extraordinary jurisdiction u/s 482 of Code of Criminal Procedure.

The instant C482 petition lacks merit and is liable to be dismissed and is hereby dismissed.

No order as to costs.