Subodh Kumar vs State of U. P. - 2023 Supreme(All) 2802

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2802

NEERAJ TIWARI
Subodh Kumar – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicants : Santosh Kumar Shukla, Amul Kumar Tyagi
For the Opposite Parties : G.A.

JUDGMENT

Neeraj Tiwari, J.

This application under Section 482 Cr.P.C. has been filed seeking the quashing the summoning order dated 29.9.2022 as well as proceedings of Complaint Case No. 213 of 2021 (Sachin Tyagi v. Subodh Tyagi), under section 138 Negotiable Instruments Act, P.S. Indirapuram, District Ghaziabad.

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

3. Learned counsel for the applicant submits that the complaint has been filed against the applicant with malicious intention by opposite party no. 2. He further submits that by perusal of fact, it is apparently clear that no case is made out against the applicant in which notice has been issued under section 138 Negotiable Instruments Act.

4. All the contentions raised by the applicant's counsel relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel.

5. The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed aga

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