Hon'Ble Alok Kumar Verma vs Rajbir Singh
2022 Latest Caselaw 2085 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                       COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      12.07.2022                        C482 No. 961 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The applicant - accused Rajbir Singh Goyat has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.875 of 2020, "Usha Rawat vs. Rajbir Singh Goyat", pending before the Additional Chief Judicial Magistrate, Ramnagar, District Nainital under Section 138 of the Negotiable Instruments Act, 1881.

Heard Mr. Jay K Bharadwaj, learned counsel, Ms. Kajal Devan, learned counsel assisted by Ms. Sadaf Gaur, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA for the State.

Mr. Jay K Bharadwaj, the learned counsel for the applicant submitted that the applicant - accused, a resident of Rohini, Delhi, is nowhere involved either directly or indirectly in the commission of the offence. The applicant resides beyond the territorial jurisdiction of the Additional Chief Judicial Magistrate, Ramnagar, District Nainital, but the Magistrate did not conduct the inquiry under Section 202 of the Code of Criminal Procedure, 1973. He further submitted that the applicant was neither Director nor signatory of the cheque-in-question.

According to the summoning order dated 03.11.2020, passed by the Additional Chief Judicial Magistrate, Ramnagar, Nainital, there was an agreement between the respondent no.2/complainant and the present applicant - accused regarding the purchase of the flats by the complainant from the present applicant, under which, the complainant invested money. At later stage, the said transaction could not be completed. The complainant demanded her money. The cheque-in-question forming the part of the said complaint was handed over by the present applicant to the complainant. When the complainant presented the said cheque, the same was dishonored by the Bank with the endorsement, "funds insufficient". After sending the notice to the present applicant, the complainant filed the complaint.

Aggrieved by the said summoning order dated 03.11.2020, the present applicant had filed a Criminal Revision (No.37 of 2022). The said criminal revision has been dismissed vide judgment dated 02.06.2022. Hence, the present application, under Section 482 of the Code of Criminal Procedure, 1973.

The learned counsel for the applicant requested for interim relief.

In the facts and circumstances of the case, it would be appropriate to provide a chance of hearing to the respondent - complainant also, even before passing any order on the interim relief application.

Issue notice to the respondent no.2/ complainant.

Steps to be taken within 48 hours. At the request of the learned counsel for the applicant, list this case on 27.07.2022.

(Alok Kumar Verma, J.) 12.07.2022 Pant/