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2022 Supreme(All) 1430

MANJU RANI CHAUHAN
Shriram Balaji – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :Durlabh Kumar Pandey, Rajesh Chandra Dwivedi, Sr. Advocate.

JUDGMENT :

Manju Rani Chauhan, J.

1. Heard Mr. C.L. Pandey, Senior Advocate assisted by Mr. Durlabh Kumar Pandey, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned AGA for the State and perused the records.

2. The present application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 31.03.2021 as well as the entire proceedings of Complaint Case No.5442 of 2020 (Sanjit Mishra Vs. M/s Shriram Balaji Traders), under Section 138 of Negotiable Instruments Act, 1881, pending in the Court of the Additional Civil Judge (J.D.)/ Judicial Magistrate, Jhansi.

3. Brief facts of the case are that the opposite party no.2 filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') against the applicant with the allegation that the applicant having good relations with opposite party no.2, borrowed an amount of Rs. 4 lacs from the opposite party no.2 and to discharge his liability gave a cheque bearing No.264555 of State Bank of India, Branch Mandi Samiti, Jhansi of his firm M/s Shriram Balaji Traders having its account No.MCA 32292826933 dated 28.02.2020. The aforesaid cheque was presented before t

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