Jamil Khan @ Jamil vs State of U. P. - 2023 Supreme(All) 2788

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2788

PIYUSH AGRAWAL
Jamil Khan @ Jamil – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Sunil Kumar, Ankit Singh Yadav, Hira Lal Yadav.
For the Opposite Party : G.A.

Table of Content
1. allegations of fraud in cheque transaction. (Para 2 , 3)
2. arguments on legal sufficiency and procedure. (Para 4 , 5)
3. court's assessment of evidence and judgements. (Para 6 , 7)
4. court's reasoning against interference. (Para 8)
5. conclusion to dismiss the application. (Para 9)

JUDGMENT

Piyush Agrawal, J.

Heard Shri Sunil Kumar, learned counsel for the applicant and learned AGA for the State - respondent.

2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 1031 of 2020 under section 138 of the Negotiable Instrument Act, Police Station - Merapur, District - Farrukhabad pending in the Court of Additional Chief Judicial Magistrate, Fatehgarh.

3. Briefly stated, the allegations levelled in the complaint case are that the applicant has got deposited Rs. 30 lacs fraudulently in the account of M/s Dream Advantage Land Mark Infrastructure Limited. The said amount belonged to the opposite party no. 2 and his customers. On 20.01.2020, the applicant gave a cheque of Punjab Nationa Bank amounting to Rs. 30 lacs, which was deposited by the opposite party no. 2 in Bank of India on 29.01.2020 for clearance/encah

Click Here to Read the rest of this document