Court No. - 69

Case :- APPLICATION U/S 482 No. - 1642 of 2010

Applicant :- Banwari Lal Goyal And Anr.

Opposite Party :- State Of U.P. And Anr.

Counsel for Applicant :- Sunil Vashisth

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Vivek Kumar Singh,J.

Heard Shri Sunil Vashisth, learned counsel for the applicant as well

as Sri Abhinav Prasad, learned AGA appearing for the State and

perused the entire record.

The present application u/s 482 CrPC has been filed with the prayer

to quash the entire proceedings of Complaint Case No.743 of 2008,

under section 138 N.I.Act, pending in the court of VIth Additional

Chief Judicial Magistrate, Mathura.

It is submitted by the learned counsel for the applicant that

summoning order issued in the matter is illegal. Cheques in

question were not issued against any debt or liability. It is further

submitted that the cheques in question were issued on behalf of the

Company / Firm but the Company /Firm has not been arraigned as

accused. Until and unless the Company is prosecuted, the

applicant cannot be punished. In support of his submissions,

learned counsel for the applicant has placed reliance on the