Ankit Awasthi vs State of U. P. - 2023 Supreme(All) 2427

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2427

RAJIV GUPTA
Ankit Awasthi – Appellant
Versus
State of U. P. – Respondent

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

JUDGMENT

Rajiv Gupta, J.

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

2. The instant application under section 482 Cr.P.C. has been filed to quash the impugned summoning order dated 03.08.2023 passed by the court of learned Metropolitan Magistrate-II, Kanpur Nagar in Complaint Case No. 142253 of 2022 (Anil Kumar Pal v. Ankit Awasthi), under section 138 N.I. Act, Police Station Chakeri, District Kanpur Nagar as well as the entire proceeding of case No. 142253 of 2022 (Anil Kumar Pal v. Ankit Awasthi), under section 138 N.I. Act, Police Station Chakeri, District Kanpur Nagar pending in the court of Metropolitan Magistrate-II, Kanpur Nagar.

3. As per the allegation made in the complaint, it is alleged that the applicant had issued a cheque No. 418170 dated 21.04.2022 for a sum of Rs. one lac to the opposite party no. 2. However, on presentation of the said cheque, the same was dis-honoured by the bank and returned back.

4. After the dis-honour of the cheque, a legal notice was sent to the applicant to make good the payment of cheque amount, however, despite being noticed the due amount was not paid by the applicant and as such the instant complaint ca

Click Here to Read the rest of this document