Manpreet Singh vs State Of Uttarakhand & Another

Ravindra Maithani, J

This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for quashing the impugned summoning order dated 03.07.2018 passed by learned Judicial Magistrate/Civil Judge (S.D.), Rudrapur, District Udham Singh Nagar in Criminal Complaint Case No.5236 of 2018, as Maan Singh vs. Manpreet Singh (hereinafter referred to as 'the Case') under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") along with entire proceedings arising out of it.

Heard learned counsel for the petitioner and learned counsel for the State and perused the record.

Record reveals that respondent no.2 filed a complaint under Section 138 of the Act against the petitioner. After inquiry vide impugned order dated 03.07.2018, the petitioner has been summoned to answer the accusation under Section 138 of the Act.

Learned counsel for the petitioner would urge that a direction may be issued that the bail application of the petitioner may be decided on the same day. No argument has been advanced, which may indicate that there is any error in the impugned order.

Perusal of the complaint filed in the case and the impugned order reveals that the Court has considered the documents, which includes the notice and its receipt, delivery report etc. before passing the impugned order. Apparently, there is no reason to interfere in the matter and accordingly, the petition under Section 482 of the Code deserves to be dismissed.

The petition under Section 482 of the Code is dismissed. However, if the petitioner appears before the Court below, his bail application may be disposed of as expeditiously as possible, in accordance with law.