Al Baith Enterprises vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2233

DINESH PATHAK
Al Baith Enterprises – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Rajiv Kumar Mishra, Anand Kumar Mishra
For the Opposite Party : G.A.

JUDGMENT

Dinesh Pathak, J.

Heard learned counsel for the applicant, learned AGA and perused the record.

2. The applicant has invoked the inherent jurisdiction of this court under Section 482 Cr.P.C. assailing the summoning order dated 10.04.2023 passed by Additional Chief Judicial Magistrate, Court No.9, Allahabad in Complaint Case No.843/2022 (B.S. Enterprises v. All Baith Enterprises Pro Shafaat Husain), under Section 138 Negotiable Instrument Act (in brevity "NI Act"), Police Station Muthhiganj, District Allahabad.

3. Respondent No.2 has filed a complaint dated 16.04.2021 with an averment that under business transaction accused (applicant herein) has taken some goods from the complainant and in lieu thereof he has furnished Cheque No.000179, dated 07.01.2021 amounting to Rs. 1,96,000/-. However, same was bounced for want of sufficient fund, while it was presented before the drawee bank for encashment. Despite repeated requests, accused/drawer of Cheque in question has refused to return the sum represented on the said Cheque.

4. Learned counsel for the applicant has advanced solitary submission questioning the condonation of delay by order impugned in filing the complaint that noti