NAVEEN SAXENA Vs. STATE OF U. P.

JUDGEMENT

(1.) Sri Amit Daga, learned counsel for the applicant and learned AGA for the State.

(2.) Learned counsel for the applicant submits that the applicant is seeking quashing of the criminal complaint dated 08.04.2019 as well as entire proceedings registered in its pursuance as Criminal Complaint Case No.927 of 2019 (Brajendra Kumar Vyas vs. Naveen Saxena) under Section 138 of NI Act, Police Station Sipra Bazar, District Jhansi, including summoning order dated 15.02.2021 passed by the learned Chief Judicial Magistrate, Court No.2, Jhansi.

(3.) Grounds which have been put forth by learned counsel for the applicant to assail the impugned order are that applicant has been falsely implicated in a case of cheque bounce. It is submitted that the applicant had lost a cheque bearing no. 740500 issued by Dena Bank, Jhansi on account of applicant's account no.114010001415, which had slipped out of his pocket, though it was signed but blank alongwith a hundred rupee stamp paper bearing no. DA498435 dated 21.12.2016. Applicant had lodged a report with the SSP, Jhansi by sending him an application through registered post on 06.12.2017, copy of complaint is enclosed as annexure no.8 to the application. It is submitted that thereafter a certificate was issued by the Branch Manager of Dena Bank on 29.11.2018 to the affect that on 01.11.2017 on request so made by the applicant to stop payment of cheque no.740500 (annexure no.6) was noted. It is submitted that on 09.02.2018 intimation in this regard of loss of cheque was published in Daily News Paper, copy of which has been enclosed as annexure no.9 to the application, for which Amar Ujala Publications Limited issued a receipt on 07.02.2018. It is further submitted that applicant had obtained a certificate from the office of the Senior Post Master, Jhansi that registered article sent on 06.12.2017 and addressed to SSP, Jhansi was delivered on 07.12.2017. This certificate was issued in pursuance to the complaint made by the present applicant on 20.02.2019.