SANJAY KUMAR VARSHNEY Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Sanjay Kumar Varshney
State of Uttarakhand and another
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U.C. Dhyani, J. -
(1.) The applicant, by means of present petition moved under Section 482 Cr. P.C., seeks to quash the impugned order dated 24.01.2009, as well as the entire proceeding of Criminal Case No. 2500 of 2009, Rakesh Gupta v. Sanjay Kumar Varshney , pending in the Court of Special Judicial Magistrate-I, Deharudun.
(2.) Complainant (respondent no. 2 herein) filed a complaint against the accused (applicant herein) under Section 138 of the Negotiable Instruments Act, 1881, in the Court of Chief Judicial Magistrate, Dehradun. It was alleged that the accused gave a cheque dated 06.08.2008 of Rs.50,000/- to the complainant. When the complainant presented the cheque in the bank, the same was returned to him with the endorsement of stop-payment. The complainant gave the information to the accused, but he did not return the money. The complainant sent a registered notice through his counsel which was served upon him, but still the accused did not pay the required amount to the complainant. The foundation of criminal offence was, therefore, laid against the accused (applicant herein).
(3.) After having heard learned counsel for the applicant, learned counsel for the State and after perusal of the documents on record, there appears to be no illegality in the summoning order dated 24.01.2009. It may be noted here that none has appeared for the complainant (respondent no. 2 herein) despite service of notice upon him.;
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