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2024 Supreme(All) 640

ARUN KUMAR SINGH DESHWAL
Shashibala Agrawal – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Applicant : Sunil Kumar.

JUDGMENT :

(Arun Kumar Singh Deshwal, J.) :

1. Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

2. The instant application has been filed seeking quashing of the entire proceeding of Complaint Case No. 5449 of 2017 (Nimesh Agrawal vs. M/s Anupam Omerian Infrastructure Pvt. Ltd. and others), u/s 138 N.I. Act, P.S. Hari Parwat, District Agra, pending before Additional Court No.3, Agra and also the impugned order dated 28.2.2024 passed by Additional Sessions Judge, Court No.1, Agra, in Criminal Revision No. 769 of 2023 (Nimesh Agrawal vs. State of U.P.).

3. The facts giving rise to the present case are that opposite party No.2 had filed a complaint case No. 5449 of 2017, impleading the company M/s Anupam Omerian Infrastructure Pvt. Ltd. as well as two of its directors including the present applicant as respondents-accused, with the allegation that the cheque of Rs.11,80,000/-bearing No. 044298 dated 19.4.2017, signed by the applicant was handed over to opposite party No.2 in discharge of liability on behalf of her company and on bouncing of the same on 20.5.2017, the statutory notice dated 22.5.2017 was sent to all the resp

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