Arjun Singh @ Arjun Singh Yadav vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2428

RAJIV GUPTA
Arjun Singh @ Arjun Singh Yadav – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Aditya Kumar Tripathi
For the Opposite Party : G.A.

JUDGMENT

Rajiv Gupta, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 31.03.2023 as well as entire criminal proceedings of Complaint Case No. 928 of 2022 ( Mukesh Kumar v. Arjun Singh ), under Section 138 of N.I. Act, Police Station Kotwali, District Etawah, pending in the court of Additional Chief Judicial Magistrate, Court No.02, Etawah.

3. As per the allegations made in the complaint, it is alleged that applicant had issued a cheque bearing cheque no. 300271 dated 29.07.2022 for an amount of Rs. 33,50,000/- in favour of opposite party no.2, however, on presentation of the said cheque before the Bank, the same was dishonoured with the remark "insufficient funds". After dishonour of the cheque, a notice was sent to the applicant to make good the payment, however, despite being noticed, the cheque amount was not paid and as such, the present complaint under Section 138 of N.I. Act has been filed.

4. On the basis of the said complaint, learned Magistrate after making the requisite enquiry under Sections 20