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2024 Supreme(All) 848

ARUN KUMAR SINGH DESHWAL
Vijay Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ashish Kumar Pandey, Nandini Mishra.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard learned counsel for the applicant and Sri Raj Bahadur Verma, learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 07.02.2024 as well as entire proceeding of Complaint Case No. 6594 of 2023 (Rahul Vs. Vijay Kumar), under Section 138 of N.I. Act, Police Station Kotwali, District Ghaziabad, pending in the court of learned Civil Judge (S.D.) F.T.C., Ghaziabad.

3. Opposite party no. 2 had filed a complaint against applicant under Section 138 N.I. Act with the allegation that opposite party no. 2 had given Rs.3,00,000/-on the request of applicant in the month of October, 2022, thereafter, just to repay that amount applicant issued a Cheque No. 737727 dated 04.07.2023 of Rs.3,00,000/-from his account maintaining by him in Shivalika Mercantile Co-operative Bank Ltd. Branch Bhatiya Road, Ghaziabad, same was presented before the bank on 11.07.2023, but the same was returned by the bank on 12.07.2023 with the endorsement 'account closed'. Thereafter, opposite party no. 2 sent registered notice on 09.08.2023 to the applicant demanding the payment of cheque amount within 15 days, but a

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