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2015 Supreme(All) 1189

PANKAJ NAQVI
MOHINI VERMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Arvind Srivastava and Rishabh Kumar for the Petitioner; A.G.A., B.D. Mandhyan, J.S. Chauhan, Kapil Tyagi, Rajiv Lochan Shukla, V.K. Jaiswal and Vijay Prakash Pandey for the Respondents.

JUDGMENT :

Hon'ble Pankaj Naqvi,J.

Heard Sri Arvind Srivastava, learned counsel for the applicant and Sri B.D. Mandhyan, learned Senior Counsel assisted by Sri J.S. Chauhan for O.P. No.2 and the learned A.G.A.

By means of this writ petition, the petitioner has challenged the orders dated 16.1.2010 and 12.12.2012, passed by the courts below, summoning the applicant under Section 138 of the Negotiable Instruments Act (for short "the Act").

Background facts are as under:-

1. The O.P. No.2 lodged a complaint under Section 138 of the Act against the applicant alleging that they were good friends; applicant and her husband claimed to be a leader of a political party; applicant is alleged to have approached O.P. No.2 with an offer to sell a plot in NOIDA for which two installments of Rs.50 lacs each in cash were paid to the applicant on 16.9.2008 and 5.11.2008 respectively in presence of named witnesses, but as the sale could not materialize, the applicant is alleged to have issued four cheques of Rs.25 lacs each bearing Cheque Nos. 644157 and 644158, dated 5.2.2009 and 644155/644156, dated 10.2.2009 and 15.2.2009 respectively, drawn on Punjab National Bank, Modipuram, Meerut in the name



















































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