- (1.) THIS writ petition under Article 226 of the constitution of India has been filed with a prayer that order dated 16th august, 1997 passed by the IInd Addl. Chief Judicial Magistrate, saharanpur (Annexure-III) and order dated 13th July, 1998 passed by viiith Addl. Sessions Judge, Saharanpur (Annexure-IV) be quashed.
(2.) THE brief facts of the case, according to complainant are that on 5th March, 1996 respondent No. 3 Smt. Urmila Gupta issued a cheque for Rs. 1,29,570/- in favour of the petitioner. The cheque was dishonoured on 29th August, 1996 on the ground that respondent No. 3 had closed the account on 12th March, 1996. The petitioner complainant gave a notice to the accused and when the payment was not made, a complaint was filed on 24th October, 1996. The Learned magistrate issued summoning order on 27th November, 1996 which is annexure R. A. I.
(3.) ON 19th December, 1996 the accused filed objections annexure-II to the petition and the learned Magistrate recalled this summoning order by his oder dated 16th August, 1997 which is annexure-III to the petition. Being aggrieved against the order of recall, the complainant filed a revision before the Court of Sessions but it was dismissed on 13th July, 1998 vide Annexure-IV to the petition. Under these circumstances the present writ petition has been filed by the complainant.;