VINAY KUMAR SETH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record of this application.

(2.) This application has been filed by the applicant with a prayer to quash the entire proceedings of Complaint Case No.4390 of 2019, under Sec. 138 of N.I. Act, 1881, Police Station Kotwali, District Jaunpur, pending in the court of Judicial Magistrate Ist, Jaunpur including the summoning order dtd. 12/2/2021 passed by Judicial Magistrate Ist, Jaunpur.

(3.) It has been contended on behalf of the applicant that the summoning order dtd. 12/2/2021 is not based on any material on record and thus the same is not legally justified. He added that some cheque worth Rs.1,00,000.00(Rs. One Lac) was dishonoured on account of stoppage of payment by the drawer. However, it so happened that loss of cheque was reported to the Bank concerned- Syndicate Bank, Jaunpur on 13/3/2018. It being so the concerned cheque was presented by opposite party no.2 before the bank on 14/3/2019 approximately one year after the bank was asked not to pay the cheque. Now it so happened that on account of the direction/information given to the bank, the cheque was dishonoured. It is claimed that no transaction whatsoever was ever entered into between the parties. He submits that opposite party no.2 has mischievously obtained the cheque and has presented it for encashment which was rightly stopped, therefore, no offence under the Negotiable Instrument Act is made out against the applicant. The applicant has been falsely implicated in this case. Therefore, the order impugned dtd. 12/2/2021 is liable to be quashed.