MOHD. YUNUS MALIK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Anwari Hussain, learned counsel for the applicant, learned AGA for the State-opposite party no.1, Sri Pawan Kumar Shukla, learned counsel for the opposite party no.2 and Sri Manish Trivedi, learned counsel for the ICICI-Bank.

(2.) The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Complaint Case No. 36644 of 2022 (Anuj Kumar Gupta vs. Mohd. Yunus Malik) under Sec. 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as Act, 1881) as well as summoning order dtd. 20/6/2022.

(3.) Learned counsel for the applicant submitted that complaint case was filed by the opposite party no.2 under Sec. 142 of Act, 1881 on the ground of bouncing of cheque. He next submitted that alongwith complaint, letter of Bank dtd. 20/4/2022 has also been annexed having no seal or signature. He firmly submitted that in absence of seal or signature, letter cannot be treated as valid document. He further submitted that relying upon such letter, cognizance order has been passed, which is bad and liable to quashed.