ARVINDRA PAL SINGH Vs. HIMMAT SINGH
LAWS(UTN)-2012-6-10
HIGH COURT OF UTTARAKHAND
Decided on June 04,2012

ARVINDRA PAL SINGH Appellant
VERSUS
HIMMAT SINGH Respondents

JUDGEMENT

U.C.DHYANI, J. - (1.) HEARD learned counsel for the petitioner and perused the papers on record.
(2.) BY way of this petition, moved under Section 482 of Cr.P.C., the petitioner seeks quashing of the order dated 3rd October 2011, passed by Special Judicial Magistrate (CBI), Dehradun in Criminal Case No. 2405 of 2011 Himmat Singh vs. Arvindra Pal Singh, by which the learned Magistrate summoned the accused to face trial in respect of offence punishable under Section 138 of the Negotiable Instruments Act. A complaint was filed in the court of learned Magistrate by complainant Himmat Singh against the present petitioner Arvindra Pal Singh with the allegation that a sum of Rs. 20,000/- is still due against him and the petitioner has committed an offence punishable under Section 138 of the Negotiable Instruments Act. Initially, Arvindra Pal Singh (present petitioner) took a sum of Rs. 1,20,000/- from the complainant Himmat Singh. A part payment was already made by the petitioner to the complainant and according to the complainant himself, only a sum of Rs. 20,000/- is outstanding against the present petitioner as of now.
(3.) AN order was passed by Special Judicial Magistrate (CBI), Dehradun, whereby accused Arvindra Pal Singh was summoned to face trial in respect of offence punishable under Section 138 of the Negotiable Instruments Act. It was also directed that the complainant should take steps under Section 204 of Cr.P.C. within a week from the date of passing of the said order.;


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