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2021 Supreme(All) 901

GAUTAM CHOWDHARY
Manoj Maurya – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Krishna Dutt Awasthi, Girja Shanker Sen

JUDGMENT :

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed praying for quashing of the impugned order dated 2.4.2021 passed by learned Additional Judge Muzaffar Nagar in Complaint Case No. 3957 of 2018 (Ravindra Kumar Vs. Manoj Maurya), under section 138 N.I. Act, P.S. Nai Mandi, District Muzaffar Nagar.

3. All the contentions raised by the counsel for the applicant relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various complications of factual details which have been touched upon by the learned counsel. The truthfulness and integrity of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.

4. I have considered the submissions made by the counsel in the light of the observation made by the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H., 2010(5) SCC 663 which read as follows :-

    "17. In a recently published commentary, the following observations have been made with regard to the offence punishable under Secti

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