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2025 Supreme(Online)(ALL) 105

HIGH COURT OF ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Yatendra Varshney And Another – Appellant
Versus
State of U.P. and Another – Respondent


Advocates:
Petitioner: Rajneesh Kumar Singh
Respondent: G.A.

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Supplementary affidavit filed today is taken on record.

2. Heard Sri Rajneesh Kumar Singh, learned counsel for the applicants, Sri Rajeev Kumar Singh, learned A.G.A for the State and perused the record.

3. The instant application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 02.01.2021 passed by Presiding Officer, Additional Court No.2, Agra as well as entire proceeding of Complaint Case No.828 of 2020, under Section 138 N.I. Act, Police Station- Hariparvat, District Agra pending in the court of Additional Court no.2, Agra.

4. Contention of learned counsel for the applicant is that the applicant and opposite party no.2 have entered into business relationship and it is admitted fact that during the course of business relationship, the opposite party no.2 had invested Rs.41,50,000/- in the business of the applicant. It is further submitted that the applicant had given two cheques of total amount of Rs. 41,50,000/- as security to the opposite party no.2 and subsequently applicant has paid Rs.37,47,900/- through RTGS as well as other modes of transaction to the opposite party no.2 but opposite party no.2 misused th

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