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2018 Supreme(All) 1576

RAJEEV MISRA
Rajesh Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Rajiv Lochan Shukla, Adv., Vijai Kumar Tripathi, Adv.

JUDGMENT & ORDER :

Rajeev Misra, J.

This application under Section 482 Cr.P.C. has been filed challenging the order dated 2nd May, 2018 passed by the Additional Chief Judicial Magistrate-IV, Gorakhpur in Complaint Case No. 1332 of 2013 (Avnish Rai vs. Rajesh Kumar), under Section 138 N.I. Act, Police Station Cantt., District Gorakhpur as well as the entire proceedings of the above mentioned complaint case.

2. Heard Mr. Rajiv Lochan Shukla, learned counsel for the applicant and the learned A.G.A. for the State.

3. Perused the application filed by the applicants and also the supplementary affidavit.

4. From the record, it appears that the applicant issued a cheque dated 2nd August, 2013 bearing No. 566694 valued at Rs. 24,71,000/- drawn on State Bank of India, Railway Colony Branch, Gorakhpur to the opposite party no.2. The said cheque was presented by the opposite party no.2 in his bank, but the same was returned unencashed on 22nd August, 2013. Consequently, as per the mandate of Section 138 (b) N.I. Act, the opposite party no.2 sent a legal notice dated 30th August, 2013 to the applicant asking him to pay the amount payable under the disputed cheque. However, when in spite of the afore













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