PAL MOTARS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Sameer Jain, learned counsel for the applicant and learned A.G.A. representing opposite party no.1.

(2.) This application under Section 482 Cr.P.C. has been filed challenging summoning order dated 25.06.2008, passed by Chief Judicial Magistrate, Sant Kabir Nagar in Complaint Case No. 2813 of 2017 ( Sardar Enterprises Vs. Pal Motars) under Section 138 Negotiable Instrument Act, P.S. Khalilabad, District-Sant Kabir Nagar as well as entire proceedings of aforesaid complaint case.

(3.) It transpires from record that there is business relationship between applicant and opposite party no.2. For discharge of his obligation, applicant gave a cheque dated 21.04.2008 valued at Rs.12,21,000/- in favour of opposite party no.2. Aforesaid cheque was presented by opposite party no.2 in his Bank, which was returned vide Return Memo dated 05.05.2008. There is a dispute between the parties as to what was the cause behind return of cheque issued by applicant.