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/encahsement, but the same was not disbursed/encashed on account of insufficient fund. In this regard, on 04.03.2020, the opposite party no. 2 gave notice to the applicant, but the applicant did not make the fund good in his bank account; thereby, the opposite party no. 2 deprived of to get the said amount cleared.

4. Learned counsel for the applicant submits that the complaint case has been filed without disclosing all relevant records and true facts. He further submits that the Magistrate concerned without conducting proper inquiry and without application of judicial mind took cognizance in the matter and summoned the applicant vide summoning order dated 16.12.2021. He further submits that the instant complaint case has been filed with mala fide intention and the opposite party no. 2 presented the cheque with interpolated date before the bank for its disbursement. He further submits that the applicant has neither issued any cheque in favour of opposite party no. 2, nor any dues considerable for issuing of the aforesaid cheque and therefore, entire criminal proceedings against the applicant is abuse of the process of law. In support of his submissions, learned counsel for the applicant has placed reliance upon the judgement of the Apex Court in P. Mohanraj v. Shah Brothers Ispat Private Limited [2021 AIR (SC) 1308] as well as the judgement of the Delhi High Court in Ramesh Kumar Uppal v. M/s Matra Chayya Exports & Others [2022 (2) NIJ 651].

5. Learned AGA, on the other hand, has submitted that after investigation, the allegations levelled in the complaint case against the applicant have been found to be true. He further submits that notice was served upon the applicant on 04.04.2020. The complainant has produced all relevant documents along with the complaint case, i.e., cheque no. 844375 dated 20.01.2020, bank return memo, notice given to the applicant and the receipt thereof. Therefore, there is no illegality in the order passed by the Magistrate concerned taking cognizance in the matter.

6. Heard learned counsel for the parties and perused the record.

7. From the perusal of the record as well as the instruction dated 03.07.2023, it transpires that the Police has investigated the matter and found that the applicant has given cheque amounting to Rs. 30 lacs to the opposite party no. 2, which was bounced back/ dishonour on account of insufficient fund. The said incident of cheque bounce/dishonour related to Bank of India, Branch - Chanduiya, which comes under the jurisdiction of Police Station - Merapur, Farrukhabad. Learned counsel for the applicant has failed to show any cogent material or ground that the opposite party no. 2 has manipulated the cheque so as to call for any interference by this Court in the instant matter. The judgements cited by the