Gulzar Ahmad Khan @ Gulzar Khan vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2282

MANJU RANI CHAUHAN
Gulzar Ahmad Khan @ Gulzar Khan – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Arun Kumar Gupta.
For the Opposite Parties : G.A.

JUDGMENT

Mrs. Manju Rani Chauhan, J.

Heard Mr. Sumit Pandey, Advocate holding brief of Mr. Arun Kumar Gupta, learned counsel for the applicant, Mr. Pankaj Srivastava, 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 04.02.2020 as well as the entire proceedings of Criminal Complaint Case No.2931 of 2018, (Kallan Khan v. Gulzar Ahmad Khan), under section 138 of Negotiable Instruments Act, 1881, pending in the Court of the Additional Chief Judicial Magistrate-II, District-Shahjahanpur.

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 opposite party no.2 had agreed to sell certain property to the applicant and to the persons as informed by the applicant, for which Rs.1,00,000/- was already paid by the applicant, however, remaining amount of Rs.3,85,000/- was assured to be given by the applicant to the opposite party no.2 after sometime. Believing the applicant, the property in question was sold to the persons as di