NAHE E D ARA MOONIS, J. - (1.) HEARD Shri Shrawan Kumar, the learned counsel for the applicant, Shri Ram Sajivan, the learned counsel appearing for the opposite party no.2 and the learned AGA.
(2.) THE instant petition under Section 482 Cr.P.C. has been filed by Amit Yadav, challenging the summoning order dated 20.8.2008 in complaint case no.441 of 2008, whereby the applicant has been summoned under Section 138 Negotiable Instrument Act. S T P L - Dishonour of C heque Judgements 13.1 [This product is licenced to keyur, ahmedabad, ahmedabad] Prior to the filing of the present petition the applicant has approached this Court challenging the validity of the notice by means of Criminal Misc. Application No.3118 of 2008 on various grounds. This Court vide order date 27.3.2008 set aside the summoning order dated 27.7.2007 and directed the trial court to summon the aggrieved person Urmila Devi who had issued the power of attorney in favour of her husband, the opposite party no.2 for the purposes of examining her under Section 200 Cr.P.C. and further directing the court concerned to extend the time for filing the complaint under the proviso to clause (b) of Section 142 of Negotiable Instrument Act.
(3.) THE court below in pursuance of the direction given by this Court had given an opportunity to Urmila Devi who had authorised the opposite party no.2 by filing a complaint afresh by giving benefit of Section 142 of the N. I Act. But from the order of the trial court it appeals that her statement was re corded under Section 200 Cr.P.C. and of the witness Surajpal as P.W.I and after going through the evidence the photocopy of the cheque of rupees one lac dated 15.9.2006 and service of notice arrived at the conclusion that prima facie case is made out against the applicant and as such passed the order summoning the applicants under Section 138 N. I. Act.;