O.P. Jain, J. - (1.) This is an application under Section 482 Criminal Procedure Code with a prayer that the proceedings of Case No. 787 of 1993, pending in the court of C.J.M. Jhansi may be quashed.
(2.) In brief, the complainant Pradeep Kumar, who is opposite party No. 1 before this Court, filed a private complaint alleging that Viveka Nand Tewari purchased goods worth rupees one lac five thousand from the complainant and on 31.4.91 he issued a cheque for the said amount but the cheque was dishonoured because there was not sufficient money in the account of Viveka Nand. The complainant approached the accused several times and finally on 10th Dec. 92 the accused refused to make payment. Therefore, the complaint was filed on 25.2.93. The learned Magistrate examined the complainant and his witnesses under Section 200 and 202 Criminal Procedure Code and passed an order summoning the accused on 8.4.1993. It is this order which is under challenge.
(3.) Learned counsel for the applicant has argued that the case is of a civil nature and the ingredients of Sections 406 and 420 Indian Penal Code are not made out. It is also argued that the learned Magistrate did not apply his mind to the facts of the case and has passed the summoning order in a mechanical manner.;