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2024 Supreme(UK) 130

RAKESH THAPLIYAL
Ajay Sharma – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. Pranav Singh, learned counsel.
For the State :Mr. G.S. Sandhu, learned Addl. Advocate General along with Mr. V.K. Gemini, learned Deputy Advocate General.

JUDGMENT :

Rakesh Thapliyal, J.

1. The instant C 482 application has been preferred by the applicant challenging the entire proceedings of Complaint Case No. 1033 of 2020 (Meenakshi Madaan Vs. Ajay Sharma and others) pending in the court of Addl. Civil Judge (Senior Division) / Addl. Chief Judicial Magistrate, Roorkee, District Haridwar.

2. Brief facts of the case are that a complaint was filed by respondent no. 2 – Smt. Meenakshi Madaan under Section 138 of the Negotiable Instruments Act, 1881 against the present applicant, his wife and two others for dishonour of cheque bearing cheque no. 542203 for an amount of Rs.24,00,000/- on 07.10.2020 wherein Addl. Civil Judge, (Senior Division), Roorkee, took cognizance and summoned the accused including the present applicant by order dated 18.01.2021.

3. Learned counsel for the applicant submits that applicant and respondent no. 2 & her husband have good business relation with each other and due to this relation on 15.03.2018, applicant and other co-accused persons came to the house of the respondent no. 2 – complainant and asked for Rs.30,00,000/- for one year for the purpose of enlarging the scope of their business. Subsequently, respondent

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