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Judgment
Anoop Chitkara, J
Seeking quashing of order dated 08.03.2022 of taking cognizance under
Section 138 of N.I. Act and subsequent proceedings; the petitioner has come up before this Court.
The petitioner’s grudge is that the impugned order dated 08.03.2022 was passed without conducting any enquiry as envisaged in Suo Motu Writ Petition (Crl.) No. 2 of 2020 decided on 16.04.2021, (2021) AIR (SC) 1957.
A perusal of the impugned order reveals that the concerned trial Court has issued summons after due enquiry as provided under Section 202 Cr.P.C. It is to be borne in mind that the procedure under Section 202 Cr.P.C relating to 138 of N.I. Act cases have to be followed along with the presumption of Section 118 of N.I. Act which is on the accused.
Perusal of the impugned order reveals that the concerned trial Court had recorded the complainant’s preliminary evidence and after that issued summons against the petitioner, thus there is no illegality in such order, therefore, the petition is dismissed.