Tej Prakash Arora vs State of Uttarakhand and Sohan Singh

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 3071 of 2010; Sohan Singh v. Tej Prakash, relating to offence punishable u/s 138 of the Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate, Kashipur.

Learned Counsel for the Petitioner submitted that statement of the complainant was not recorded u/s 200 of Code of Criminal Procedure However, the impugned order shows that an affidavit was accepted by the Magistrate. It is also pleaded that it is not a case of dishonouring of cheque on the ground of insufficiency of fund, but on the ground of ''stop payment'' instruction. In reply to this, learned Counsel for the complainant drew attention of this Court to the three judges judgment, passed by the Apex court, in Criminal Appeal No. 1020 of 2010, Rangappa v. Sri Mohan, and submitted that the Magistrate has committed no illegality in summoning the accused (Petitioner).

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that it is not a fit case for interference with the trial u/s 482 of Code of Criminal Procedure

Therefore, the petition u/s 482 of Code of Criminal Procedure is dismissed summarily with the observation that if the Petitioner Taj Prakash Arora surrenders before the court concerned, within a period of fifteen days, non-bailable warrants issued against him in the matter, shall not be executed.