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2021 Supreme(All) 546

KAUSHAL JAYENDRA THAKER
Shiksha Educational Trust – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Deepak Kumar Jaiswal, Sanjay Kumar Gupta

JUDGMENT :

1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the proceeding of Criminal Complaint No.1860 of 2019 (old No. 1057/2019) Bank of India Vs. Shiksha Educational Trust and others pending in the Court of Additional Chief Judicial Magistrate II, Varanasi, under Section 138 of Negotiable Instrument Act, 1881, P.S.-Kotwali, Varanasi, including Summoning Order dated 29.04.2019 (Annexure-5) as well as N.B.W. dated 09.07.2020 (Annexure-6) and dismiss the Criminal Complaint No. 1860; Bank of India Vs. Shiksha Educational Trust and others dated 11.03.2019 (Annexure-3).

3. It appears that the applicant nos. 2 and 3 have challenged the proceedings more particularly after the non-bailable warrant came to be issued on them. They had not challenged the summoning order at the first instance.

4. As far as averments made in the application are concerned it has been submitted by the learned A.G.A., are not such which would permit this Court to quash the proceedings. The provisions of Section 482 of Cr.P.C. for quashing are not made out.

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