UMA SHANKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, the learned AGA for the State and perused the record.

(2.) The instant application has been filed invoking the inherent powers of this court under Sec. 482 Cr.P.C. to quash the proceeding of complaint Case No. 1288 of 2010 whereby the applicant has been summoned to face trial under Sec. 138 of Negotiable Instrument Act, police station M.M. Gate, district Agra and the order dtd. 18/10/2010 passed by the Additional Chief Judicial Magistrate- II, Agra in the aforesaid case.

(3.) The submission of the learned counsel for the applicant is that the applicant is maliciously being prosecuted pursuant to the complaint lodged by the opposite party no.2 under Sec. 138 of Negotiable Instrument Act on 1/5/2006. It is alleged in the complaint that the opposite party no.2 had sold her two plots to the wife of the applicant for consideration of Rs.5.00 lacs, the payment whereof was given by two cheques. One cheque was honour by the bank while another cheque no. 546759 dtd. 25/6/2005 was dishonoured by the bank with the memorandum dtd. 21/12/2005 mentioning "not arranged for". It was mentioned in the complaint that the opposite party no.2 had sent a registered notice on 4/1/2006 but the same was never received by the applicant and has been alleged that despite service of notice no reply was given by the applicant nor made any payment. On the basis of the aforesaid complaint dtd. 1/5/2006 the statements of the complainant and witnesses were recorded and the court below proceeded to summon the applicant to face trial by order dtd. 24/5/2006 under Sec. 138 of Negotiable Instrument Act. The court below has further observed that no prima facie offence is made out under Sec. 420 I.P.C.