Yogendra Goswami vs State of U. P. - 2021 Supreme(All) 1647

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1647

SHAMIM AHMED
Yogendra Goswami – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Vineet Kumar Singh, H.N. Singh, Abhishek Dwivedi.
For the Respondent: Ronak Chaturvedi.

JUDGMENT :

Shamim Ahmed, J.

1. Heard Shri H.N. Singh, Senior Advocate assisted by Shri Abhishek Dwivedi, learned counsel for applicant and Shri Ronak Chaturvedi, learned counsel appearing for opposite party No. 2 and learned AGA for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 13.10.2020 passed by the Additional Judicial Magistrate, Mathura in Complaint Case No. 699 of 2020 (Manoj Kumar Sharma vs. Yogendra Goswami), under Section 138 Negotiable Instrument Act P.S. Vrindavan District Mathura.

3. Shri H.N. Singh, learned Senior Counsel for the applicant has handed over the cheque amount of Rs. 4,50,000.00 by way of bank draft No. 167559 dated 22.2.2021 re-validated on 28.6.2021 to Shri Ronak Chaturvedi, learned counsel for opposite party No. 2 before this Court today itself.

4. Learned counsel for opposite party No. 2 has received the draft of Rs. 4,50,000/- on the instruction of his client Manoj Kumar Sharma and submits that his client is not interested to pursue the case i.e. Complaint Case No. 699 of 2020 (Manoj Kumar Sharma vs. Yogendra Goswami), under Section 138 Negotiable Instrument