MAHENDRA KUMAR SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Piyush Shukla, learned counsel for the applicant and learned AGA for the State.

(2.) Both the aforesaid 482 Cr.P.C. applications have been filed with a prayer to quash the summoning order dated 8.6.2012, passed by A.C.J.M, Court No.01, Kanpur Dehat and order dated 1.11.2012, passed by Addl. District and Sessions Judge, Court no.2, Kanpur Dehat so for it relates to summoning of applicant u/s 138 N.I. Act, P.S. Shivli, district Ramabai Nagar in complaint case nos.501 of 2012 and 502 of 2012 respectively.

(3.) The allegations made in the complaint is that the complainant was given a cheque of Rs.37,000/- drawn on Bank of Baroda, U.P. Gramin Bank vide cheque no.195734 dated 24.1.2012 by the applicant Mahendra Kumar. The said payment was made by the applicant on the demand made by the complainant Raj Kishore Tiwari (hereinafter referred as the Complainant). When the said cheque was presented by the complainant through it's Bank, then the same was returned by the drawer Bank with a remark that the said cheque could not be honoured because of insufficiency of funds. The complainant again on 26.3.2012 sent the said cheque for it's encashment to the drawer Bank, but the same was returned on 27.3.2012 with an endorsement that the said cheque would not be honoured due to insufficient funds. The complainant thereafter went to the applicant with the memo of the Bank asking payment from him taking the said cheque but the same was refused. The complainant sent a registered notice on 28.3.2012 to the applicant which he refused to accept. Hence he filed the present complaint against the applicant u/s 138 of Negotiable Instrument Act on 21.4.2012.