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2018 Supreme(All) 910

AMAR SINGH CHAUHAN
CHINTAMANI JAISWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Samit Gopal for the Applicant; A.G.A., Pankaj Kumar Asthana, Ashok Kumar Srivastava and Ajit Kumar Singh Solanki for the Opposite Parties.

JUDGMENT

Hon’ble Amar Singh Chauhan, J.—Heard Shri Samit Gopal, learned counsel for the applicant, learned A.G.A. for the State, Shri Pankaj Kumar Asthana, learned counsel for the opposite party No. 2 and perused the material on record.

2. The applicant, Chintamani Jaiswal, through this application moved under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Criminal Complaint Case No. 773 of 2006 (Naresh Kumar Bansal v. Chintamani Jaiswal), under Section 138 Negotiable Instruments Act, P.S. Shakti Nagar, District Sonbhadra, pending in the Court of C.J.M., Sonbhadra and further prayed to stay the proceedings in the aforesaid case.

3. Brief facts which are requisite to be stated for the adjudication of the application are that the complaint was filed by the opposite party No. 2 against the applicant with the allegation that applicant had given two cheques of Rs. 40,000/- each on 19.12.2000 and those cheques were presented for payment in bank on 19.4.2001 but the same was returned with the endorsement that the firm had already been close down and thereby cheques were dishonoured. The complainant had sent two noti




















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