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.

Table of Content
1. complaint details regarding dishonor of cheque. (Para 2 , 3 , 4)
2. defense arguments against 138 n.i. act proceedings. (Para 5 , 6)
3. prosecution arguments supporting trial. (Para 7 , 8)
4. legal presumptions under n.i. act. (Para 9 , 10 , 11 , 12 , 13 , 14)
5. limitations of judicial intervention at this stage. (Para 15 , 16)
6. dismissal of the application. (Para 17 , 18)

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 disho