P. C. JAIN Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
P. C. Jain
STATE OF UTTARANCHAL
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(1.)BY way of this application U/S 482 Cr.P.C. the petitioner has sought the relief for quashing the
impugned summoning order dated .18-07-2005 passed by J.M. Roorkee, in complaint case No.
1392/2005, Dr. Subodh Gupta Vs. P.C. Jain, U/S 138 of Negotiable Instrument Act. The petitioner has also prayed for quashing the aforesaid entire complaint case.
(2.)BRIEF facts of the case are that respondent No.3 Dr. Subodh Gupta filed a complaint against the petitioner U/S 138 of the Negotiable Instrument Act on 12-7-2005 before the Court of Judicial
Magistrate, Roorkee. The complainant in support of his case also filed his statements on an affi-
davit U/S 200 Cr. RC. The case of the complainant was that after repeated requests made by the
complainant for the return of the money amounting to Rs. 5,00,500/-, which was taken by the
petitioner/accused Prem Chand Jain as loan, a cheque was given to the complainant, but the same
was dishonoured. The complainant thereafter issued the notice to the accused/pe titioner but the
accused did not pay back the amount which was taken by him as loan. The complainant has also
taken the plea that the liability to make the payment was with the accused/petitioner being the
proprietor as well as the incharge of the business of the company.
The learned court after having considered the material available on record issued the summoning order against the accused/petitioner on 18-7-2005.
(3.)FEELING aggrieved by the aforesaid summoning order the petitioner has filed the petition before this Court.
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