Mukesh Singh Yadav vs State of U. P. - 2023 Supreme(All) 2406

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2406

SAMIT GOPAL
Mukesh Singh Yadav – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Ran Jeet Singh and Chandra Jeet Singh
For the Opposite Parties : G.A.

JUDGMENT

Mr. Samit Gopal, J.

List revised.

2. Heard Sri Ranjeet Singh, learned counsel for the applicant and Sri Ankit Srivastava, learned counsel for the State and perused the records.

3. The present application under Section 482 Cr.P.C. has been filed by the applicant-Mukesh Singh Yadav with the prayer to quash the Complaint Case No. 1519 of 2022 (Pushpa Shahu v. Mukesh Singh Yadav) under section 138 N.I. Act, P.S. Babina, District Jhansi including the NBW order dated 3.4.2023 and summoning order dated 24.3.2022 as well as proceeding of 82 Cr.P.C. and to stay the further proceedings of aforesaid complaint case.

4. The facts of the case are that a complaint under section 138 of the N.I. Act dated 24.2.2022 was filed by the opposite party no.2 against the applicant alleging therein that Cheque No.015062 dated 20.12.2021 of Rs. 1,00,000/-, Cheque No.015063 dated 5.1.2022 of Rs.2,00,000/- and Cheque No.015064 dated 15.1.2022 of Rs.1,00,000/- were given by the applicant to the opposite party no.2. The said cheques were deposited in the bank account of the complaint which stood dishonored with the comment 'Funds Insufficient'. The same was returned to him with a memo dated 27.1.2022. The

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