BHARAT SINGH CHAUHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Saurabh Singh, learned counsel for the petitioner, Sri Raj Kumar Kesari, learned counsel for the complainant, learned A.G.A. for the State and perused the material on record.

(2.) The present petition under article 227 of the Constitution of India has been filed by the petitioner in Complainant Case No. 895 of 2021 having its Computer No. 1240 of 2021 (Sushil Kumar Vs. Bharat Singh Chauhan) under Sec. 138 of the N.I. Act, Police Station Hapur Nagar, District- Hapur, pending in the court of Chief Judicial Magistrate, Hapur for quash the summoning order dtd. 16/9/2021 passed by the Chief Judicial Magistrate, Hapur as well as the impugned order dtd. 22/7/2022 passed by the Sessions Court, Hapur in Criminal Revision No. 146 of 2021 whereby the summoning order passed by the learned Magistrate has been affirmed.

(3.) The factual matrix of the case are that the complainant/respondent no.2 Sunil Kumar Chauhan filed a complaint to the court below under Sec. 138 of the N.I. Act with the averment that the opposite parties had issued a cheque of Rs.2.00 lacs in his favour in discharge of debt received by opposite party from the complainant in March, 2016.