MOHAMMAD SIKANDAR BHAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. S.B. Singh, learned counsel for the applicant and learned A.G.A. for the State-opposite party no.1. No one appears on behalf of opposite party no.2, even in the revise call.

(2.) This application under Sec. 482 Cr.P.C. has been preferred by the applicant for quashing the summoning order dtd. 20/06/2006, under Sec. 138 of the Negotiable Instruments Act as well as proceeding in Case No.1567 of 2006 (Firm Khalique and Brothers Vs. Firm Aqsa Testiles), pending in the Court of Chief Judicial Magistrate, Mau, District Mau.

(3.) The opposite party no.2 has made averment that the applicant issued four cheques in his favour (Cheque No.16049 dtd. 10.06.2005 for Rs.30,000.00 , Cheque No.16050 dtd. 20.06.2005 for Rs.30,000.00 , Cheque No.16051 dtd. 25.08.2005 for Rs.30,000.00 and Cheque No.16052 dtd. 01.07.2005 for Rs.25,000.00 ). All the cheques were submitted in I.D.B.I. Bank at Varanasi and the all the cheques were dishonoured due to the fact that the account of payee was closed. The legal notice was sent by opposite party no.2 to the applicant on 13/12/2005 requiring the opposite party no.2 to make payment of Rs.1,15,000.00 , failing which the case will be executed. The opposite party no.2 filed the complaint before the court below on 21/03/2006 which is annexed as Annexure No.3 to the application.