MALTI NAUTIYAL Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) By means of this petition moved under Section
482/483 Cr.P.C., a prayer has been made to quash entire
proceedings Criminal Case No. 857 of 2007 titled as Murlidhar
Tiwari Vs. Malti Nautiyal pending in the court of Judicial
Magistrate, Haridwar. In the said case, order of cognizance
was passed on dated 05.10.2007 asking Malti Nautiyal to stand
trial for the offence under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter called as Act ).
(2.) Having heard learned counsel for both the parties,
it transpires that cheque no. 436712 drawn from Oriental Bank
of Commerce, Ranipur, Haridwar worth Rs. 1,00,000/- was
given by Malti Nautiyal to Murlidhar Tiwari in consideration of
work, which had to be done by Murlidhar Tiwari pertaining to
supply of electricity, water and road construction in certain
area of village Jwalapur bearing plots no. 10, 11, 31, 9, 52. This
cheque was handed over under an unregistered agreement
executed on 30.12.2006 on the revenue stamp paper of Rs. 100.
Murlidhar Tiwari was rendered a liberty to present this cheque
for encashment, as and when, above stated work is completed
by him. It is alleged that the said cheque was undated and
Murlidhar Tiwari mentioning the date 13.07.2007 presented the
same for encashment through his banker on 23.07.2007. The
cheque returned unpaid on 25.07.2007 with an endorsement
insufficiency of fund in the concerned Account No. 1335.
(3.) Murlidhar Tiwari issued a notice as envisaged
under Section 138 (b) of the Act on dated 08.08.2007, which was
not soon replied by Malti Nautiyal so he filed Criminal Case
No. 857 of 2007 on dated 04.09.2007 under Section 138 of the
Act and 420 IPC. Learned Magistrate, having gone through the
contents of the complaint as well as statement of Murlidhar
Tiwari nay the documentary evidence, took cognizance of the
matter for the offence under Section 138 of the Act and did not
find any sufficient reason to summon accused person for the
offence under Section 420 IPC.;
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