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2025 Supreme(Online)(ALL) 624

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


Advocates:
Petitioner: Akash Yadav , Devbratt Yadav and Ram Pratap Yadav
Respondent: G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Ram Pratap Yadav, learned counsel for the applicant, Shri Pankaj Srivastava, learned counsel for the State Bank of India as well as Sri P. P. Tiwari, learned A.G.A. for the State and perused the record.

2. The instant application under Section 482 Cr.P.C . has been filed seeking quashing of the summoning order dated 16.8.2024, passed by Additional Chief Judicial Magistrate, Court No. 5, Varanasi in Complaint Case No. 16819 of 2024 (Sunil Kumar Singh vs. Sanjay Singh), u/s 138 N.I. Act.

3. This matter was heard on 18.12.2024, on that date the counsel for the applicant had argued that cheque in question was returned with the endorsement "wrongly delivered Not drawn on us", therefore court below has erroneously issued summoning order, treating the returning of cheque as dishonour. This Court just to examine the validity of reason summoned the Branch Manager of the State Bank of India, High Court, Allahabad to take her assistance and she informed to this Court that the reason mentioned in the return memo, appears to be feeding mistake and reason may be something else. Therefore, this Court vide order dated 18.12.2024 directed to Branch Man

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