BABU KHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Babu Khan, with a prayer for setting aside impugned summoning order, dated 6.6.2019,? passed by the? Additional Chief Judicial Magistrate, Court no.4, Aligarh, whereby, applicant has been summoned in Criminal Complaint Case No.12, New No.30 of 2018 (Shamsher vs. Babu Khan), under Section 138 of Negotiable Instrument Act In short N.I. Act), Police Station Quarsi, District Aligarh,, pending in the court of Additional Chief Judicial Magistrate, IV, Aligarh.

(2.) Learned counsel for applicant argued that? in response to the notice given by the complainant, a reply, in detail, denying alleged issuance of cheque was given by the applicant, but, it was written in the complaint and affidavit, filed, in support thereof, that no reply of notice was there, which was utterly wrong and even then impugned summoning order has been passed, which was under abuse of process of law. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.