SARIKA SETHI Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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U.C. Dhyani, J. -
(1.) The applicant, by way of present petition/application moved under Section 482 Cr.P.C., seeks to quash the summoning order dated 03.04.2013 and the proceedings of Complaint Case No. 817 of 2013, Mukesh Arora v. Sarika Sethi and another , under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act), pending in the Court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar.
(2.) Complainant/respondent no. 3 filed a complaint against two accused persons including the applicant in the Court of ACJM, Roorkee, for the offences punishable under Sections 420, 120-B IPC and Section 138 of the Act read with Section 109 IPC. After recording the statements under Sections 200 and 202 Cr.P.C., coupled with the filing of documents, learned Additional Chief Judicial Magistrate, Roorkee, having found a prima facie case against the accused-applicant, summoned her to face the trial under Section 138 of the Act, vide order dated 03.04.2013. Aggrieved against the impugned order of summoning, present application under Section 482 Cr.P.C. was moved by the accused-applicant.
(3.) Learned counsel for the applicant assailed the impugned summoning order on two grounds:
(a) That the complaint was time barred, and
(b) The grounds for dishonour of the cheque were outside the purview of Section 138 of the Act.;
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