- (1.) This revision has been preferred against the order dated 05.07.2014, passed by learned Judicial Magistrate, Court No.2, Aligarh, in complaint case no. 155 of 2014, under Section 138 N.I. Act, Police Station Bannadevi, District Aligarh whereby the accused were summoned under Section 138 N.I. Act.
(2.) Brief facts are that the accused Alok Varshney is a distant relative of the friend of the complainant who is director in the firm M/s Acetel Technologies Private Limited and the companion of Alok Varshney is also director in the aforesaid firm. The complainant is known to Amit Srivastava through Alok Varshney. In July, 2012, the accused Alok Varshney and co-accused Amit Srivastava said that they would make the complainant, Director in the firm if he gave Rs. 7,50,000/-. Both the accused persuaded the complainant to agree on the proposal so that he gave him Rs. 7,50,000/- to the accused through consoled the complainant that he would become director in some days. When the complainant could not deputed as Director, he demanded his money back. Then it came to his knowledge that both the accused have also taken Rs. 5,00,000/- from his brother Praveen Kumar Varshney. On 17.05.2013, the complainant along with his brother Praveen Kumar Varshney went to the house of the accused and demanded money back. They said that they did not have money and gave a cheque no. 109003 dated 20.12.2013 for Rs. 7,50,000/- and requested the complainant not to deposit the cheque and said that if he deposits the cheque in March, 2014, the cheque will be cashed. On 13.03.2014, the complainant deposited the cheque in his bank but it was "stop payment". Notice was given to the accused but they did not take care.
(3.) Feeling aggrieved a complaint was filed. In support of the complaint sine documents were also filed. The statement of the complainant was recorded under Section 200 Cr.P.C. and under Section 202 Cr.P.C. the original cheque, slip of the bank, notice of registry and some other documents was filed. After perusal of which, the trial court has passed the summoning order.;