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2002 DIGILAW 1150 (PNJ)

Sandeep Karwa v. State Of Haryana

2002-10-30

VIRENDER SINGH

body2002
Judgment Virender Singh, J. 1. This is a petition for quashing of the complaint Annexure P-3 dated April 17, 1997 and the summoning order Annexure P-4 dated December 23,1997. 2. Case of the complainant is that a cheque bearing No. 370368 amounting to Rs. 55,000/- was given to him in discharge of his legal debit liability, which was dishonoured with the remarks "Stop Payment" 3. After completing all the legal formalities, the complainant filed the complaint (Annexure P-3). After recording the preliminary evidence, the concerned Court summoned the petitioner to face trial for an offence punishable under Section 420 IPC. Aggrieved by the summoning order, the petitioner filed the present petition. 4. It is worth mentioning here that the proceedings of the trial Court were stayed by the order of this Court dated April 29, 1998. 5. Pursuant to the notice, respondent No. 2 filed the reply. Since respondent No. 1 is not the necessary party in the case, its reply was not required to be filed. 6. After going through the rival assertions made by the parties and perusing the impugned complaint and the summoning order, I am of the view that it is not a fit case for quashing the complaint at this stage. The trial Court has rightly come to the conclusion on the basis of the preliminary evidence that there was sufficient ground to proceed against the petitioner and as such, the process was rightly issued under Section 204 of the Code of Criminal Procedure. Consequently, the order of summoning does not call for interference by this Court. Resultantly the petition is dismissed. 7. However, the petitioner would be at liberty to raise all these points before the trial Court at the appropriate stage. Since the matter relates to the year 1998, the trial Court is directed to dispose of the case expeditiously but not later than three months from the date of receipt of record. Petiton dismissed.