Bhim Singh VS Bhawan Dutt Bhatt

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ASHISH NAITHANI
Bhim Singh – Appellant
Versus
Bhawan Dutt Bhatt – Respondent

Advocates:
Counsel for the Parties:
For the Applicant:Mr. Sumit Bajaj, Advocate
For the Respondent:Mr. B. S. Kathayat, Advocate

JUDGMENT

The This application under Section 482 of the Code of Criminal Procedure has been filed by the Applicant for quashing the summoning order dated 29.07.2022 passed by the Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Complaint Case No.1012 of 2022 (Bhawan Dutt Bhatt vs. Bhim Singh) under Section 138 of the Negotiable Instruments Act, as well as the entire proceedings arising therefrom.

2. The brief and undisputed background, as emerges from the record, is that the Respondent filed a complaint under Section 138 of the Negotiable Instruments Act alleging that he had paid a total amount of Rs. 20 lakhs in cash to the Applicant for construction of a residential house, and that upon failure of the Applicant to carry out the construction, two cheques of Rs.10 lakhs each dated 18.06.2022 were issued, which on presentation were dishonoured due to insufficiency of funds. After issuance of statutory notice and non-payment, the complaint was filed, whereupon the learned Magistrate, by order dated 29.07.2022, summoned the Applicant.

3. It is not in dispute that the Applicant is a resident of District Nainital, whereas the complaint was filed and entertaine

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