Sushila Devi vs State of U. P. - 2023 Supreme(All) 2425

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2425

RAJIV GUPTA
Sushila Devi – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Ashish Kumar Gupta
For the Opposite Party : G.A.

JUDGMENT

Rajiv Gupta, J.

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

2. The present application under Section 482 Cr.P.C. has been filed for quashing summoning order dated 17.10.2022 as well as entire proceedings of Criminal Complaint Case No. 12873 of 2022 (Santosh Kumar Singh v. Sushila Devi), under section 138 of N.I. Act, P.S. Shadiyabad, District Ghazipur, pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.12, Ghazipur.

3. As per the allegations made in the complaint, it is alleged that the applicant had issued a Cheque No. 015988 dated 01.02.2022 for a sum of Rs.8,00,000/- in favour of Opposite Party No.2, however, on presentation of the said cheque, the same was dishonoured by the bank and returned back. After the dishonour of the cheque, a notice was sent to the applicant to make good the payment however, despite being noticed, the due amount was not paid as such, the present complaint under section 138 of N.I. Act has been instituted against the applicant.

4. On the basis of the said complaint, the complainant has given his evidence on an affidavit and the learned Magistrate after

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