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2018 Supreme(All) 2335

J.J.MUNIR
Rajeshwar Prasad Bhardwaj – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Hemendra Pratap Singh Counsel

JUDGMENT :

Hon'ble J.J. Munir, J.

1. A perusal of the office report dated 25.4.2018/7.12.2018 shows that notice issued to opposite party no.2 has been received back after service. The service report received from the Chief Judicial Magistrate, Aligarh shows that the second opposite party has been personally served.

2. Accordingly, service upon opposite party No. 2 is held sufficient.

3. No one has put in appearance on behalf of the second opposite party. The Court, accordingly, proceeds to hearing.

4. Heard Sri Dharmendra Pratap Singh holding brief of Sri Hemendra Pratap Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. on behalf of the State.

5. This is an application under Section 482 Cr.P.C. seeking to quash the entire proceedings of Case No. 1023 of 2003, Ramesh Chandra Bhardwaj vs. Rajeshwar Prasad Bhardwaj, under Section 138 of Negotiable Instruments Act, police station Quarsi, District Aligarh pending in the Court of the First Special Magistrate, Aligarh.

6. Facts giving rise to the present application lie in a narrow compass.

7. The dispute involved here, is about the realization of a cheque of the worth of Rs. 50,000/-dated 20.04.1999 drawn on

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