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2023 Supreme(All) 693

SURESH KUMAR GUPTA
Prashant Chandra – Appellant
Versus
State of U. P. Thru. Prin. Secy. Home, Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Vivek Kumar Rai, Radhika Singh.

JUDGMENT :

1. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

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

3. In view of order proposed to be passed, issuance of notice to private opposite parties is dispensed with.

4. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 25.4.2023 passed by the Additional Court no.2, Lucknow U/s 203 CrPC in Complaint No. 94684 of 2022, under Section 138 of the Negotiable Instruments Act, Police Station-Hazratganj, District-Lucknow and a direction may be issued to the court concerned to treat the demand notice dated 4.8.2022 as a valid notice of cheque amount of Rs. 50 lacs and summon the accused persons in accordance with law and conclude the trial at the earliest.

5. Learned counsel for applicant has submitted that the applicant presented the cheque of Rs. 50 lacs on 10.05.2022 bearing cheque no. 025605 drawn on Axis Bank Limited, Mahanagar with his Banker, Bank of Baroda, Branch-Joppling Road, Lucknow, after opposite parties had given clearance but the same was dishonored vide bank return me

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