AVNISH KUMAR S/O R N TRIVEDI Vs. PREM CHANDRA JAIN S/O CHATAR SAIN JAIN
LAWS(UTN)-2012-3-128
HIGH COURT OF UTTARAKHAND
Decided on March 14,2012

Avnish Kumar S/O R N Trivedi Appellant
VERSUS
Prem Chandra Jain S/O Chatar Sain Jain Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 1806 of 2009, (New no.2 1237 of 2011), Prem Chand Jain vs. Avnish Kumar, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, Police Station Gangnahar Roorkee, pending in the court of Special Judicial Magistrate, Roorkee. The petitioner has further challenged the order dated 23.09.2010, passed by Additional Sessions Judge, Roorkee, in Criminal Revision No. 331 of 2009, whereby the revision was dismissed.
(3.) Learned counsel for the petitioner pleaded that the petitioner is not signatory of the cheque in question. It is further pleaded that it was the wife of the petitioner, who had signed the cheque. However, on perusal of the copy of criminal complaint filed as annexure-1 to the petition it is found that it is alleged that the petitioner issued the cheque in question which was dishonoured for insufficient funds.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.