NEERAJ JAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Raj Kumar Kesari, learned counsel for the applicant, Sri Abhyuday Mehrotra, Advocate holding brief of Sri Birendra Kumar Mishra, learned counsel for the opposite party no.2 and Sri Sandeep Choudhary, learned A.G.A. for the State.

(2.) The instant application u/s 482 Cr.P.C. (hereinafter referred as 'the Code') has been filed seeking quashing of the summoning order dtd. 24/9/2015 in complaint case no. 5972 of 2015 (Motor Oil Lubricants Pvt. Ltd. Vs Neeraj Jain) u/S 138 of Negotiable Instrument Act (hereinafter referred as ''the Act'), passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 4, Agra.

(3.) Learned counsel for the applicant submits that in the instant case, the impugned cheque was issued by the applicant herein as a security for the commercial transactions between the parties in the year, 2013, which has been misused by the opposite party no.2 and the instant complaint case has been filed by presenting the said cheque by filling up the amount as per his own convenience. Therefore, learned counsel applicant has submitted that on the basis of the said cheque, which was issued as a security for the commercial transactions between the parties, no offence u/S 138 of the Act, can be said to have been made out. In support of his arguments, learned counsel for the applicant has relied upon the judgement of the Co-ordinate Bench of this Court in Vijay Kumar Upadhyay vs. State of U.P. and Anr. : 2013 (1) ALL LJ 577 and submitted that in that case also, the cheque was given as a security amount, which was not covered u/S 138 of the Act. Therefore, the Co-ordinate Bench of this Court has quashed the entire proceedings of the said complaint case u/S 138 of the Act, holding that the security cheques are not covered u/S 138 of the Act. Therefore, he has prayed for similar order, quashing the entire proceedings of the said complaint case against the applicant herein.