Jasveer Singh vs State of Uttarakhand and Another

J.C.S. Rawat, J.—Mr. Lok Pal Singh, Advocate for the petitioner. None for the respondent.

This petition u/s 482 Cr.P.C. has been filed for quashing the complaint Case No. 157 of 2008, Vichtra Singh Bhandari v. Jasveer Singh pending in the court of Judicial Magistrate, Rudraprayag u/s 138 N.I. Act and summoning order dated 22/11/2008 passed by the Judicial Magistrate, Rudraprayag.

In the instant case, a complaint u/s 138 of N.I. Act was filed before the trial court and it was alleged that the cheque given by the petitioner to the complainant was dishonoured by the Bank and he was informed by his Bank through letter dated 21/10/2008 then he sent a notice on 22/10/2008.

Learned Counsel for the petitioner contended that neither the notice was served nor the evidence was produced during the inquiry u/s 202 Cr.P.C. that notice has been served upon the petitioner. As such, the complaint is not maintainable. Perusal of the petition reveals that the averment made in the petition and the contention of the learned Counsel for the petitioner is that notice is not served upon the petitioner. This fact can only be ascertained when parties will lead evidence before the trial court. This Court cannot embark upon the enquiry of the trial at this stage summarily. The parties would be allowed to lead the evidence before the trial court and thereafter, the trial court will examine the averments as well as service of the notice upon the petitioner and appreciate the evidence and decide the matter. This Court cannot summarily decide this fact. It is settled position of law that u/s 482 Cr.P.C., this Court is not sitting as a trial court and it cannot embark upon the enquiry.

In view of the above, the petition fails and is liable to be dismissed and is hereby dismissed in limine.