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VISHNU CHANDRA GUPTA
Achche Lal Yadav – Appellant
Versus
State of U. P. – Respondent


Counsel for the Parties:
For the Applicant:Jagrit Sharma, Durga Pd Dubey, Advocates
For the Opp.Parties:Sudeep Kumar, Govt. Advocate.

JUDGMENT

Vishnu Chandra Gupta, J.—Heard Shri Jagrit Sharma, learned counsel for the petitioner, Shri Sudeep Kumar, learned counsel for the complainant and the learned AGA.

2. By means of the present petition under section 482 Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), the petitioner has prayed for quashing the entire proceeding of Complaint Case No. 1991 of 2012(earlier Complaint Case No.1217 of 2011), Sabyasachi Sikdar Vs. Achche Lal Yadav, under section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I. Act”) pending in the court of Additional Chief Judicial Magistrate-IV, Lucknow and also the orders dated 9.8.2012 and 2.11.2013 passed by the Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow, whereby the petitioner has been summoned to face trial and issue of process under Section 138 of the N.I. Act., P.S. Vikas Nagar, District Lucknow.

3. Facts relevant for deciding this petition are that opposite party no. 2 Sabyasachi Sikdar being Director of M/s Cropaid Marketing Private Ltd. filed aforesaid complaint case under Section 138 of N.I. Act against petitioner Achche Lal Yadav, who is Proprietor of firm “M/s Natraj Fertiliz





















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