TaxTMI 
TaxTMI 
2026 (6) TMI 891
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....ice Station Kotwali City, District Sitapur and the summoning order dated 11.04.2022 passed by the Chief Judicial Magistrate, Sitapur. 2. It is the case of the applicant that as per allegations made by the complainant Ram Pyaari Gupta (mother of opposite party no.2), Proprietor of M/s Gayatri Udyog in her complaint that one Kanhaiya Lal Gupta, Proprietor of Gupta Trading Company has purchased rice on loan basis amounting to Rs. 15,71,232/-, including tax, from the complainant in the year 2013 and as a part payment of the said loan, he had issued a cheque of Rs 10,00,000/- of his A/c No.01594015001794, Oriental Bank of Commerce, Padao Branch, Sitapur to the complainant and the same has been deposited in her Account No.01594015002325 in the....
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.... but they did not return the said amount to her and instead thereof they had pressurized her to forget the said amount on the pretext of threat of attachment and auction in respect of her loan account. On 20.02.2019 when the complainant again demanded the opposite parties to return the said amount, opposite parties no.1 to 3, who were arrayed in application under Section 156(3) Cr.P.C., abused the complainant and her son and threatening them for attachment and auction of her house against loan amount. 4. It is further said that applicant has remain posted in Sitapur as Branch Manager of the Oriental Bank of Commerce from 07.07.2018 to 30.05.2019, but the trial court has summoned the applicant without application of mind and without consi....
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....og and besides this, Kanhaiya Lal Gupta is having two loan accounts in the bank; one is in the name of M/S Sai Traders and other is in the name of M/S Gupta Trading Company and in both loan accounts, opposite party no.2 (son of the complainant) is guarantor. It is further said that the aforesaid two loan accounts of Kanhaiya Lal Gupta have become NPA and the bank has initiated the recovery proceedings against Kanhaya Lal Gupta and its guarantor Santosh Kumar Gupta, opposite party no.2. It is further submitted that since all the loan accounts of M/S Gayatri Udyog were becoming N.P.A., the bank was about to start the recovery proceedings against Kanhaya Lal Gupta and opposite party no.2, therefore, the present complaint case has been lodged w....
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....m by the Magistrate without application of mind. In support of his contention, counsel for the applicant has placed reliance upon the following judgements of the Hon'ble Supreme Court: i. Pepsi Foods Ltd. and another Vs. Special Judicial Magistrate and others, (1998) 5 SCC 749 ii. Delhi Race Club (1940) Limited and others Vs. State of Uttar Pradesh and another, (2024) 10 SCC 690; 8. On the other hand, Sri Rao Narendra Singh, learned AGA-I has submitted that the trial court after considering the complaint and the statements recorded under Sections 200 and 202 Cr.P.C. summoned the applicant, therefore there is no illegality or infirmity in it. He has further submitted that this Court while exercising its power under Secti....
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.... carefully scrutinise the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused." 11. After bare perusal of the complaint and the statement recorded under Section 200 Cr.P.C., it is clear that the grievance of opposite party no.2 is limited to the extent that she had submitted the cheque in the bank, which was dishonoured. In case the cheque was dishonoured, then she has a remedy to file a complaint under Section 138 of Negotiable Instrument Act, but she had not resorted to that remedy, rather she has filed a complaint. In paragrap....