JUDGMENT :

The present applicant has preferred this C482 application questioning the summoning order dated 09.12.2022, as it was passed by the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, in Criminal Complaint Case No.5406 of 2022, “Dinesh Chandra Tiwari Vs. Mukhtiyar Singh”, whereby the present applicant has been summoned to be tried for the offence under section 138 of the Negotiable Instruments Act.

2. The argument extended by the learned counsel for the applicant could be summarized in the following manner:-

1. He submits that the entire proceedings of the Criminal Case No.5406 of 2022, “Dinesh Chandra Tiwari Vs. Mukhtiyar Singh” would be bad and maliciously oriented because of the fact that the entire genesis of the proceedings has been the sale deed on which they themselves i.e. the complainants have placed reliance and for that purposes he wanted to refer to certain excerpts of the sale deed to establish his case, that the registration of the complaint under section 138 of the NI Act, is malafide.

2. Apart from it, he has also referred to that in the complaint if paragraphs 2 and 3 are taken into consideration, no offence under section 138 of the N