IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No.787 OF 2010 Chandrabhan Singh ….…..Applicant. Versus Sudarshan Singh ……...Respondent. Present: Mr. H.S. Dhillon, Advocate for the applicant. Date of Decision : 20.8.2010 Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. H.S. Dhillon, Advocate for the applicant. 2. The applicant has filed the present application under Section 482 of Cr.P.C. challenging the order dated 11.12.2009 passed by the Judicial Magistrate, Kashipur, Udham Singh Nagar in Criminal Case No. 1110 of 2009 Sudarshan Singh Vs. Chandra Bhan Singh, whereby he has been summoned under Section 138 of the Negotiable Instruments Act, 1881. 3. The grounds of challenge in the present application is that on 18.10.2008, the applicant had lost a signed cheque and he immediately informed the concerned Bank on 18.10.2008 itself. This cheque was later on presented before the concerned Bank on 23.10.2009, which was dishonoured, and hence, a complaint under Section 138 of the Negotiable Instruments Act, 1881 has been filed against the applicant. The applicant has also relied upon a judgment of Supreme Court in Raj Kumar Khurana Vs. State (NCT of Delhi) and another (2009) 2 SCC (Cri) 936 and has contended that no offence under Section 138 of the Negotiable Instruments Act is made out, inasmuch as, the cheque was lost on 18.10.2008 and the matter was promptly reported to the concerned Bank and the order for stoppage of payment was also made to the concerned Bank. Therefore, no offence has actually been committed by the applicant. The said cheque, which according to the applicant was lost on 18.10.2008, was presented to the Bank and dishonoured after one year. 2 4. Be that as it may, the entire plea raised by the applicant falls in an area which has to be examined by the learned Judicial Magistrate and not by this Court under Section 482 of Cr.P.C. Summoning order dated 11.12.2009 issued by the learned Judicial Magistrate appears to be absolutely just. There is no room for interference by this Court. It is open for the applicant to raise the entire plea before the learned Judicial Magistrate as raised before this Court, in support of his case. 5. With the aforesaid observations, the instant C-482 application is dismissed. No order as to costs. 6. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J.) 20.8.2010 Rathour