M.M.S. Bedi, J. - (1.) The petitioner has been issued summons in a complaint filed u/s 138 of the Negotiable Instruments Act ( For short 'the Act') by Mr. Saurab Gupta, Judicial Magistrate 1st Class, Faridabad under Rules 1 and 3 of Order 5 CPC informing the petitioner that a complainant u/s 138 of the Act has been filed against him and he is directed to appear in person on 26.10.2012 and submit reply within a period of 30 days after receipt of the summons. It was further directed that the documents in support of the reply be also submitted.
(2.) The comments of the Judicial officer were called for, whether any summoning order has been passed on consideration of preliminary evidence. It has been reported that as the accused was resident of a place beyond the jurisdiction of the court, as such, report u/s 202 Cr.P.C. was sought from the concerned police station. It was mentioned in the report that the cheque had been bounced on account of insufficient funds in the account of accused Anil Kumar, therefore, the following summoning order dated 13.8.2012 was passed:- "Case received by transfer. It be checked & registered. Report u/s 202 Cr.P.C. received. Perusal of the case file reveals that a prima facie case u/s 138 Negotiable instruments Act is made out against the accused. Accordingly, the accused be summoned for 26.10.2012 upon filing to produce copy of complaint etc."
(3.) The notice was issued to the petitioner on the form of summons under Rules 1 and 3 of Order 5,C.P.C. as under:- "Whereas complainant Sh. Anoop Bisht has filed complaint under Section 138 Neotiable Instruments Act in this court against you. So you are hereby directed to appear in person on dated 26.10.2012 at 10.00 AM in this court and submit reply within 30 days after receipt of this summon. You are hereby directed to submit the documents in support of your reply. You are hereby informed that if you did not appear on that day then in your absence case will be heard and decided.;