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2017 Supreme(All) 2877

SURYA PRAKASH KESARWANI
ALLIED MACHINERY & TOOLS CORPORATION – Appellant
Versus
STATE OF U. P. – Respondent


Advocate Appeared:
For the Appellant :Rishi Kant Rai and Rakesh Kumar Upadhyay, Advocates
For the Respondent: G.A.

JUDGMENT :

Surya Prakash Kesarwani, J.

Heard learned counsel for the applicant and the learned A.G.A. for the State-respondent.

2. This application under Section 482 Cr.P.C. has been filed praying to quash the order dated 15.06.2015 in Complaint Case No. 1149 of 2014 (M/s. Allied Machinery v. Ghanshyam Enterprises), under Section 138 N.I. Act, P.S. Kotwali, District Allahabad passed by the Judicial Magistrate, Court No. 4, Allahabad. By the impugned order the Judicial Magistrate has dismissed the aforesaid complaint case on the ground of lack of jurisdiction in the light of the judgment of Hon'ble Supreme Court in the case of Dashrath Rupsingh Rathod v. State of Maharashtra (2014) 9 SCC 129.

Facts:-

3. Briefly stated facts of the present case are that in consideration of the goods sold, the applicant has received, from the opposite party no. 2, a cheque bearing number 287322 dated 27.01.2014 for Rs. 1,03,000/- drawn on Central Bank of India, Pushprajgarh, Anupur, Madhya Pradesh. The applicant runs his business at Allahabad. Having received the aforesaid cheque at Allahabad, he presented it for encashment in his Bank on 06.03.2014 at Allahabad which was dishonoured due to insufficiency o











































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