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2023 Supreme(All) 1371

JYOTSNA SHARMA
Top Filling Point Proprietor Rakesh Agrawal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Amrendra Nath Rai, Sanjay Singh.
For the Respondent: G.A., Abhishek Tiwari, Mahendra Pratap Singh, Rohit Singh.

JUDGMENT :

1. Heard Sri Sanajy Singh, learned counsel for the petitioner, Sri Mahendra Pratap Singh, learned counsel for respondent no. 2 and learned AGA for the State.

2. This petition under Article 227 of the Constitution has been filed with a prayer to set aside the order dated 19.07.2022, whereby the petitioner was summoned under section 138 of the Negotiable Instruments Act, 1881 in complaint case no. 80 of 2019 and the order dated 01.06.2023 passed by the revisional court in Criminal Revision No. 305 of 2022, by which the summoning order was affirmed.

3. The relevant facts are as below:-

    The complainant filed a complaint case under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the NI Act") against the accused. He produced evidence under section 200 Cr.P.C. and also papers. The learned court below heard the complainant and summoned the accused under section 138 of the NI Act. The papers which were produced included a cheque of Rs.2,75,000/-, which was returned by the Bank on 02.04.2019 with a remark of "funds insufficient", the return memo and the demand notice dated 22.02.2019. The revisional court agreed with the order of the trial court and di

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