JAI PRAKASH LOHIA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Namit Srivastava, learned counsel for the applicant and Amrita Singh, learned counsel for the O.P. No.2.

(2.) By means of this application, applicant has prayed for quashing the entire proceedings of Criminal Case No.162 of 2021 under Sec. 138 of Negotiable Instruments Act, 1981, Shanti Devi vs. Jai Prakash Lohia, Police Station-Kotwali Sadar, district-Ballia. The applicant has not challenged the order dtd. 24/2/2021.

(3.) Learned counsel for applicant submits that the summoning order issued under Sec. 138 of N.I. Act was erroneous that entire allegations made in complaint are against the company namely C.G.R. Associates and Real Estate, however, the company has not been made a party therein and the applicant was made an accused in individual capacity, therefore, summoning order is bad in law and criminal proceedings are liable to be quashed.