SANA ULLAH SIDDIQUI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD , the learned counsel for the applicant, the learned AGA for the State and perused the record.

(2.) THE instant application has been filed by the applicant with a prayer to quash the entire proceedings of complaint case no.3345 of 2009, Arun Kumar Singh Vs. Sana Ullah Siddiqui, under Section 138 N. I. Act, P.S. Cantt., District Gorakhpur, pending in the court of learned Judicial Magistrate-I, Gorakhpur, whereby the applicant has been summoned to face the trial.

(3.) IT is vehemently argued by the learned counsel for the applicant that the applicant has not purchased any vehicle as mentioned in the complaint. Neither he has paid any cheque nor any notice has been served upon him in re spect of the payment of the amount of cheque which was dishonoured and the complaint has been filed with false allegation. Even the notice has not given the parentage of the complainant. He came to know only when he received a phone call from Lucknow. When he inquired from R.T.O. it is revealed that some other person has managed to obtain and purchase the vehicle and the applicant had been falsely implicated in the present case. In these circumstances the entire proceedings initiated against the applicant is an abuse of the process of court.