RAJESH SINGH CHAUHAN
Pradeep Agnihotri – Appellant
Versus
State of U. P. Thru. Prin. Secy. Home Deptt. Lko. – Respondent
JUDGMENT
Rajesh Singh Chauhan, J.—Heard Sri Shishir Pradhan, learned counsel for the petitioner and Sri Bishwa Nath Nishad, learned Additional Government Advocate for the State.
2. In view of the proposed order, the notice to opposite party No.2 is hereby dispensed with.
3. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for the following reliefs:—
(i) Wherefore, it is most respectfully prayed that this Hon’ble Court may kindly be pleased to allow this petition under Section 482 Cr.P.C. and quash the impugned summoning order dated 28.03.2023 and N.B.W. order dated 15.02.2024 passed by the court of learned Third Additional Civil Judge (Junior Division)/Judicial Magistrate, Raebareli in Complaint Case No.4645 of 2023 (Sarika Shukla vs. Pradeep Agnihotri), under Section 138 of Negotiable Instructions Act, Police Station-Kotwali, District-Raebareli, as contained in Annexure Nos.1 and 2 respectively to the affidavit.
(ii) Further, it is most humbly prayed from this Hon’ble Court that to stay the proceedings as pending against the present applicant in the learned court of Third Additional Civil Judge (Junior Division)/Judicial Magistrate, Raebareli
In re: Inder Mohan Goswami and Anr. vs. State of Uttaranchal and Ors.
Dishonour of cheque – Any complaint under Section 138 of N.I. Act should have been filed strictly in accordance with mechanism so given under Section 138 of N.I. Act.
Dishonour of cheque – Any complaint under Section 138 of N.I. Act should have been filed strictly in accordance with mechanism so given under Section 138 of N.I. Act.
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if proper procedural requirements are not followed, including the court's satisfaction regarding the absconder's status.
The settlement of a complaint and non-receipt of notices can lead to the quashing of an FIR under Section 138 of the Negotiable Instruments Act.
The central legal point established in the judgment is that the Trial Court erred in rejecting the application for issue of proclamation under sec. 82 of Cr.P.C. and stopping further proceedings unde....
For summoning under Section 138 of the NI Act, recording of statements under Sections 200 and 202 Cr.P.C. is not required, and the evidence of the complainant may be given by affidavit as per Section....
The main legal point established in the judgment is the court's interpretation and application of the provisions of the Negotiable Instruments Act, 1881, particularly focusing on Section 138 and Sect....
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