IN THE HIGH COURT OF UTTARKHAND AT NAINITAL C-482 No. 821 of 2010 Lal Singh Thagunna …..…..Applicant Versus State of Uttarakhand and another …….….…..Respondents. Present: Mr. B.S. Adhikari, Advocate for the applicant. Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no. 1. Date of Decision : 31.8.2010 Hon’ble Sudhanshu Dhulia, J (Oral) 1. Heard Mr. B.S. Adhikari, Advocate for the applicant and Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no. 1. 2. This application under Section 482 Cr.P.C. has been filed by the applicant challenging the summoning order dated 4.8.2010 passed by the Judicial Magistrate, Tanakpur, district Champawat in Criminal Case No. 231 of 2010 M/s Kharkwal Enterprises Vs. Lal Singh Thagunna under Section 138 of the Negotiable Instruments Act, 1881 (From hereinafter referred to as the Act). 3. The main ground for challenge is that the cheque, which was allegedly given to the complainant, was in fact lost, for which a prompt F.I.R. was lodged. It is also stated that there was no debt or liability, which can be enforced. However, the primary procedure as laid down under Section 138 read with Section 142 of the Act seems to have been applied. Whether there was any debt or liability is a subject matter of trial Court. These amendments under Section 138 of the Negotiable Instruments have been brought with the purpose to bring a discipline in commercial transactions. 4. The Apex Court in Monaben Ketanbhai Shah Vs. State of Gujarat (2004) 7 SCC 15 has observed as under:- 2 “The laudable object of preventing bouncing of cheques and sustaining the credibility of commercial transactions resulting in enactment of Sections 138 and 141 has to be borne in mind.” 5. In view of the above, this Court finds no anomaly in the summoning order dated 4.8.2010. The instant C-482 application is totally devoid of merit and is liable to be dismissed and is hereby dismissed. No order as to costs. 6. The Registry is directed to send a copy of this order to the Court concerned for necessary compliance. (Sudhanshu Dhulia, J) 31.08.2010 Rathour