Omkar Lohiya vs State of U. P. - 2023 Supreme(All) 2286

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2286

MANJU RANI CHAUHAN
Omkar Lohiya – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Rakesh Kumar Srivastava.
For the Opposite Parties : G.A.

Table of Content
1. overview of complaint details and facts. (Para 2 , 3)
2. arguments from both applicant and state regarding the cheque. (Para 4 , 5)
3. court's analysis of legal principles related to section 138. (Para 6 , 7 , 8)
4. legal standards for quashing complaints and prima facie case review. (Para 9 , 10 , 11)
5. conclusion and dismissal of application to quash. (Para 12 , 13)

JUDGMENT

Mrs. Manju Rani Chauhan, J.

Heard Mr. Rakesh Kumar Srivastava, learned counsel for the applicant, Mr. K.P. Pathak, learned AGA for the State and perused the records.

2. The present application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 30.01.2020 as well as the entire proceedings of Complaint Case No.08 of 2020, (Netrapal Awana v. Omkar Lohiya), under section 138 of Negotiable Instruments Act, 1881, Police Station-Phase-II NOIDA, District Gautam Buddh Nagar, pending in the Court of the Additional Court No.3, Gautam Buddha Nagar.

3. Brief facts of the case are that the opposite party no.2 filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') against the applicant stating therein that the applicant and opp