Bijendra Singh vs State of U. P. - 2023 Supreme(All) 2420

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2420

RAJIV GUPTA
Bijendra Singh – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Haya Rizvi.
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 Cr.PC has been filed by the applicant for quashing the impugned summoning order dated 22.11.2022, passed by Additional Court, Muzaffarnagar, in Complaint Case No. 3589 of 2020, Siddharth v. Bijendra Singh, under section 138 of Negotiable Instruments Act.

3. As per the allegations made in the complaint, it is alleged that the applicant had issued a cheque bearing no. 009174 dated 6.3.2020 in favour of the Opposite Party No.2 for an amount of Rs.22.00 lacs. On presentation of the said cheque before the Bank, it was dishonoured and 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 has 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 considering the allegations made in the complaint and making requisite enquiry

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