Exim Creation vs State of U. P. - 2023 Supreme(All) 2411

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2411

RAJIV GUPTA
Exim Creation – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Mahendra Kumar Singh Chauhan.
For the Opposite Parties : 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 present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 9.9.2022 as well as further proceedings of Complaint Case No. 37401 of 2022 ( Mohd. Daood v. Naresh Gupta ), under section 138 of N.I. Act, P.S. Nagphani, District- Moradabad, pending in the Court of Addl. Chief Judicial Magistrate, Court No. 3, Moradabad.

3. As per the allegations made in the complaint, it is alleged that the applicants had issued two cheques bearing Cheque No. 000052 for an amount of Rs. 6 lakh dated 1.3.2022 and Cheque No. 000053 for an amount of Rs. 20 lakh dated 27.4.2022 in favour of opposite party No. 2, however, on presentation of the said cheques, the same was dishonoured by the bank and returned back. After the dishonour of the cheques, a notice was sent to the applicants 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 filed.

4. On the basis of the said complaint, learned Magistrate has recorded the statements of the witnesses an

Click Here to Read the rest of this document