ARUN KUMAR Vs. RAVINDRA SINGH AND ANOTHER

JUDGEMENT

(1.) Leave granted.

(2.) The complainant is in appeal before this Court against an order of the High Court of Allahabad dated 15th May, 2017 by which the proceedings under Section 138 of the Negotiable Instruments Act, 1881 ("N.I. Act" for short) has been quashed by the High Court against the respondent No. 1 - accused.

(3.) We have heard the learned counsels for the parties and we have considered the matter. In the reply to the notice issued under Sections 138 and 142 of the N.I. Act the respondent No. 1 - accused had taken the stand that the cheque(s) in respect of which the offences were alleged had been stolen. To demonstrate the apparent falsity of the claim made by the accused in the reply we have been taken through the statement of the accused made in Case Crime No. 98/2013 which goes to show that though there is an allegation of theft of cheque(s)/cheque book(s) the same pertains to the Allahabad Bank and not the ICICI Bank on which Bank the cheques in question were issued.