Sharad Kumar Singh vs State of U. P. - 2023 Supreme(All) 2408

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2408

SAMIT GOPAL
Sharad Kumar Singh – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Vivek Kumar Singh.
For the Opposite Parties : G.A.

JUDGMENT

Samit Gopal, J.

List revised.

2. Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the record.

3. This application under Section 482 Cr.P.C. has been filed by the applicant Sharad Kumar Singh with the prayer to allow this application and quash the entire proceeding as well as summoning order dated 17.02.2018 & N.B.W. order dated 09.02.2020 in Complaint Case No. 469 of 2022 (Jai Prakash v. Sharad Kumar Singh), under Section 138 Negotiable Instrument Act, Police Station Kotwali Dehat, District Banda pending in the Court of Special Judicial Magistrate-1st, Banda with a further prayer that proceeding of the aforesaid case be stayed against the applicant during the pendency of the present application.

4. The facts of the case are that a complaint under section 138 of the N.I. Act dated 02.01.2018 was filed by the opposite party no.2 against the applicant alleging therein that cheque no.17584 dated 09.10.2017 of Rs. 82,000/- of Bank of India was given by the applicant to the opposite party no.2. The said cheque was deposited in the bank account of the complainant on 03.12.2017 which stood dishonored due

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