AKHILESH GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application under Sec. 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 1147 of 2018 (Gyan Prakash Vs. Akhilesh Gupta) under Ss. 406, 419, 420 I.P.C. Police Statiion Kydganj, District Allahabad pending in the Court of Additional Chief Judicial Magistrate-5, Allahabad.

(2.) Heard learned counsel for the applicant and learned A.G.A.

(3.) It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the instant case and that the complaint of impugned case has been filed on false and baseless allegations. It was submitted that applicant had issued four cheques of Rs.5.00 lacs each in favour of the opposite party no.2 and in that connection, the opposite party no.2 has already filed a case under Sec. 138 of Negotiable Instruments Act and thus no case is made out against the applicant. It was further submitted that opposite party no.2 has concealed the material facts and that the impugned complaint was filed only to harass the applicant. Learned counsel has further submitted that no prima facie case is disclosed against the applicant, therefore the impugned proceedings are liable to be quashed.