PRADEEP KALRA Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and another
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(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the summoning order dated 17.11.2008 as well as the proceedings of criminal case no. 1698 of 2008, K.R. Jain vs Pradeep Kalra under Section 138 of the Negotiable Instruments Act, pending in the court of Judicial Magistrate II, Dehradun.
(2.) Respondent no. 2 filed a criminal complaint case against the accused-applicant under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of IPC in the court of Judicial Magistrate II, Dehradun. After recording the statements under Sections 200 and 202 of Cr.P.C. and considering the documentary evidence brought on record, learned trial court, on having found a prima facie case against the accused-applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, summoned him to face the trial for the said offence, vide order dated 17.11.2008. Aggrieved against the said order, present application under Section 482 of Cr.P.C. was moved.
(3.) When the application under Section 482 of Cr.P.C. was listed for admission, this Court, on 10.12.2009, observed as under:
"Considering the arguments and after perusing the record, this Court is of prima facie view that cheque has not been dishonoured on the ground of insufficient fund, rather cheque was returned on the ground of closure of account. Closure of account is not the ground to invoke Section 138 of Negotiable Instrument Act.";
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