Decided on December 30,2013

Ankur Kumar Appellant
State of Uttarakhand and another Respondents


U.C. Dhyani, J. - (1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the summoning / cognizance order dated 02.09.2006, as also the proceedings of criminal complaint case no. 558 of 2007, Gopal Krishan Aggarwal v. Ankur Kumar and another , under Section 138 of the Negotiable Instruments Act, pending in the court of Chief Judicial Magistrate, Udham Singh Nagar.
(2.) Complainant (respondent no. 2 herein) filed a criminal compliant case against the applicant and D.V.S. Steel and Alloys Pvt. Ltd., Ghaziabad in the court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar. Complainant filed his affidavit under Section 200 of Cr.P.C. Complainant also filed the original cheque, information received from the bank, copy of the notice and postal receipts in support of his complaint. After having found a prima facie case against the applicant under Section 138 of the Negotiable Instruments Act, 1881, accused-applicant was summoned to face the trial, vide order dated 02.09.2006. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.
(3.) As per complaint version, complainant's son and wife alongwith accused-applicant and his real brother constituted a company under the Companies Act, 1956, in the name and style of D.V.S. Steel and Alloys Pvt. Ltd., which was got registered as company. Complainant was a shareholder in the said company. Complainant's son and wife, accused and real brother of accused were the shareholders of equal value and were Directors of the company. Accused and his brother issued an account payee cheque of Rs. 20,00,000/- in favour of the complainant. Such account payee cheque was of Union Bank of India, Karol Bagh, New Delhi and was dated 30.04.2006. Complainant's son and wife tendered their resignations to Board of Directors of D.V.S. Steel and Alloys Pvt. Ltd. on 31.03.2006. Since then, accused persons were carrying the business of the factory and company. Cheque dated 30.04.2006 was deposited in Oriental Bank of Commerce, Branch Kichha, District Udham Singh Nagar for clearance, but the same was dishonoured, vide endorsement dated 06.07.2006 of the bank. The endorsement was to the effect that the payment was stopped by the drawer. Oriental Bank of Commerce informed the complainant of such stoppage of payment on 14.07.2006. The complainant gave a registered notice to the accused through his Advocate on 03.08.2006, which was replied to by the accused and was received by the complainant. Inspite of service of the notice, accused did not pay the required amount to the complainant. The accused, therefore, committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act).;

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