Ashish Kumar @ Ashish Kumar Jaiswal vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2421

RAJIV GUPTA
Ashish Kumar @ Ashish Kumar Jaiswal – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Awadh Bihari Pandey.
For the Opposite Party : G.A.

JUDGMENT

Rajiv Gupta, J.

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

2. This application under Section 482 CrPC has been filed for quashing the summoning order dated 16.09.2021 and entire proceedings of Complaint Case No. 4 of 2021, (Ashrit Kumar v. Ashish Kumar Jaiswal), under section 138 of Negotiable Instruments Act, Police Station Sarai Inayat, District Prayagraj, pending in the court of A.C.J.M., Court No.09, Allahabad.

3. As per the allegations made in the complaint, it is alleged that the applicant had issued a cheque no. 000140 dated 15.01.2021 for amount of Rs.8,85,000/- in favour of the opposite party no.2. On presentation of the said cheque before the Bank, it was dishonoured and the same was returned back.

4. After dishonour of the cheque, a legal notice was sent to the applicant to make good the payment of the cheque amount, however, despite being noticed, the applicant had not made good the payment of the cheque amount, as such, a complaint under section 138 of Negotiable Instruments Act has been filed by the opposite party no.2 against the applicant.

5. On the basis of the said complaint, learned Magistrate, after conside

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