SHAHNAWAZ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohd. Afzal learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the entire record.

(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Complaint Case No.1048/2017, under Section 138 of Negotiable Instruments Act (in short, ' N.I. Act '), Police Station Kotwali City, District Bijnor as well as impugned summoning order dated 19.04.2018 passed by Judge Additional Court, Bijnor.

(3.) Brief facts of the case are that a complaint has been filed with the allegation that the applicant and opposite party no.2 were having friendly relations to each other, due to this the applicant borrowed Rs.5,10,000/- in the month of April-May, 2016 from opposite party no.2. The money was given with the assurance that the same will be returned after two months. The time period of two months elapsed and the applicant did not return the aforesaid money taken by him. A cheque no.384965 dated 04.05.2017 issued from U.P. Gramin Bank from Account No.92810100195567 of Rs.3,10,000/- was given by the applicant to the complainant. However, the date on the cheque was filled as 30.09.2017. The applicant asked the complainant to present the cheque stating that by that time he will be having the said amount in his account. Believing the applicant, the cheque was presented on 30.09.2017 at Kotak Mahindra Bank, but the same was returned on 11.10.2017 due to "insufficient funds". When the complainant inquired about the same, no specific reply was given, therefore, notice was given on 07.11.2017 to the accused and since neither the reply was given nor any money was returned, after the legal notice being given to the accused the complaint was filed.