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2015 Supreme(All) 3497

PANKAJ NAQVI
Vinod Tyagi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- Anil Kumar Pandey, Arvind Srivastava
For the Opposite Party :- Govt. Advocate

JUDGMENT

Pankaj Naqvi,J.

Heard Sri Anil Kumar Pandey and Sri Arvind Srivastava, learned counsel for applicant and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No.3865/2014, under Section 138 of the Negotiable Instruments Act, pending in the court of Addl. Chief Judicial Magistrate-VII, Agra and the order of summoning dated 18.12.2014.

1. O.P. No.2 filed a complaint under Section 138 of the Negotiable Instruments Act (for short "the Act") against the applicant alleging that a cheque dated 24.8.2014, issued by the applicant, for Rs.47,88,545/-, was dishonoured on 10.9.2014 as per bank memo received by O.P No.2 on 12.9.2014. The cheque was again presented to the drawee bank for payment on 29.10.2014, but was again dishonoured on 1.11.201 as per bank memo received by O.P. No.2 on 2.11.2014. O.P. No.2 sent a registered legal notice on 20.11.2014 to the applicant calling upon him to tender the amount in question within 15 days of the date of receipt of notice, which remained unreplied, hence a complaint under Section 138 of the Act was lodged on 18.12.2014. The complaint, the affidavit, the original cheque, bank memos

































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