Gagan Madan vs Rajesh Kumar

Prafulla C. Pant, J.—Heard. By means of this petition moved u/s 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 1934 of 201 (old No. 267 of 2011) Rajesh Kumar vs. Gagan Madan, relating to offence punishable u/s 138 of Negotiable Instruments Act, 1881, pending in the court of 1st Special Judicial Magistrate Hardwar.

Learned counsel for the petitioner drew attention of this court to section 200 of Cr.P.C., read with section 145 of Negotiable Instruments Act, 1881, and submitted that the affidavit filed by the complainant with the criminal complaint was inadmissible in evidence. In this connection it is argued that the affidavit is not signed by the deponent.

However, on the basis of copy of the affidavit filed before this court with this petition, it is difficult to say whether the original affidavit filed before the trial court by the complainant, bears his signature or not. The petitioner may take pleas of defence before the trial court. Prima facie having gone through the papers on record, this court does not find any illegality in the impugned order by which the petitioner has been summoned to face the trial in respect of offence punishable u/s 138 of Negotiable Instruments Act, 1881. The Magistrate has referred the documents and evidence on record before holding that offence is made out for the purposes of summoning the accused. Therefore, without expressing any opinion as to final merits of the case, the petition u/s 482 of Cr.P.C., is dismissed summarily.