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2024 Supreme(All) 297

PRASHANT KUMAR
Dinesh Hariram Valecha – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :Aarushi Khare, Sr. Advocate

JUDGMENT :

1. Heard Shri Vinay Khare, learned Senior Advocate assisted by Ms. Aarushi Khare, learned counsel for the applicant, Shri Shashidhar Pandey, learned AGA for the State and perused the record.

2. The instant application under Section 482 CrPC has been filed by the applicant praying to quash the summoning order dated 23.10.2019 and the entire proceeding of the Complaint Case No. 06 of 2018 (M/s Joshi Construction v. Valecha Engineering Limited & others), under Section 138 of Negotiable Instruments Act, 1881, Police Station- Kotwali, District-Etawah pending before the Court of Additional Chief Judicial Magistrate, Court No.1, Etawah.

Facts of the Case

3. The opposite party no. 2 had a business relation with the applicant, it was in between December, 2014 to July, 2015, where several work orders were placed by Valecha Engineerings Limited (for short “VEL”) for KERB laying and PCC laying. During the course of the business, VEL paid certain amount to opposite party no. 2, however, there was a balance of Rs. 7,18,65,987/- which was to be paid by VEL to opposite party no. 2. In pursuance of this payment, VEL issued a cheque bearing No. 063388 dated 11.10.2017 drawn on SBI, Shashtri C

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