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2023 Supreme(All) 1474

SHREE PRAKASH SINGH
Maqbool Hasan – Appellant
Versus
State of U. P. Thru. Prin. Secy. Home Deptt. , Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Ashok Kumar Mishra.

JUDGMENT :

1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri Atrey Tripathi, learned A.G.A. for the State.

2. By means of the present application, prayer has been made for setting aside the orders of Non-Bailable Warrant dated 31-1-2023, 20-2-2023, 28-3-2023, 28-4-2023 and the joint order of NBW/82 Cr.P.C., dated 4-7-2023 passed by Presiding Officer, Additional court room no. 5, Lucknow against the petitioner, in complaint case no. 2479 of 2019 (Mohd. Nasir Vs. Moqbool Hasan), U/S 138 N.I. Act, P.S. Aliganj District-Lucknow.

3. Notice to opposite party no. 2 is hereby dispensed with, as the matter being decided, at the admission stage.

4. Learned counsel appearing for the applicant submits that on 15.10.2018, a cheque is said to be issued by the present applicant in favour of the complainant, amounting Rs.5,00,000/- and thereafter, the same is said to be bounced and the notice was issued to the applicant, on 01.02.2019, by the opposite party no. 2, through his attorney but the same was never served upon the applicant.

5. He submits that on 23.03.2019, the complainant filed a case under section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as the A

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