NAND GOPAL GUPTA Vs. STATE OF U.P

JUDGEMENT

(1.) HEARD Sri Pratik J. Nagar, learned counsel for the applicant, Sri Prabhakar Awasthi, Sri R.P. Srivastava and Sri M.A. Khan, learned counsel for the opposite party no.2, Sri Sharad Malaviya, learned counsel for the opposite party no.3 and learned A.G.A. for the State respondent.

(2.) THE present 482,Cr.P.C. application has been filed for quashing the proceedings of complaint case no. 1321 of 2009 (Amar Nath Vaish Vs. N.G. Gupta) under Section 138 of Negotiable Instruments Act, P.S. Kotwali District Allahabad.

(3.) LEARNED counsel for the applicant has drawn the attention of this Court to annexure-1 to the affidavit, whereby in paragraph no.1 it has been stated that cheque of Rs. 1,50,000.00 bearing number 000130 was given by the applicant to the opposite party no.2, which was returned back unpaid. Learned counsel for the applicant has also drawn attention of this Court to annexure-2 to the affidavit, which is photocopy of cheque and has argued that said cheque was issued on behalf of Krishna Departmental Store but Krishna Departmental Store has not been made party in the complaint. Learned Counsel for the applicant has relied upon judgment of Hon'ble Apex Court in the matter of Anil Hada Vs. M/s Godfather Travels and Tours Pvt. Ltd., reported in JT 2012 (4) SC 489, in support of his contention. Reference has also been drawn to annexure-3 to the affidavit, which is a notice, which was alleged to have been sent to the applicant by the opposite party no.2 and it is argued that in paragraph no.1, the cheque number is mentioned as 211016004, which is not the cheque, which was issued by the applicant. Learned Counsel for the applicant has relied upon judgment of Hon'ble Apex Court in the matter of Union of India Vs. L. Ram Kumar, reported in 1959 AIR (Ald) 168, in support of his contention.