SUNIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Narendra Singh Chahar, learned counsel for the petitioner, Sri Mohit Kumar, learned counsel for the respondent no.2 and learned A.G.A. for the State.

(2.) This petition has been filed by the petitioner- Sunil Kumar with a prayer that the summoning order dtd. 20/12/2018 passed by the trial court and the order of the revisional court affirming the same, passed on 24/9/2022, be set-aside.

(3.) Relevant facts related to this petition are as below:- The respondent no.2 filed a Complaint Case No.63 of 2017 against the petitioner- Sunil Kumar under Sec. - 420, 467, 468, 471 I.P.C. and Sec. - 138 N.I. Act with the allegations in nutshell that the accused-petitioner gave an account payee cheque to the complainant-respondent no.2, but the same was dishonoured with the remark that there was no account of that number. After hearing the complainant, the learned trial court took cognizance and issued summons to the accused (the petitioner herein) to face the trial under Sec. - 138 N.I. Act. The accused preferred a revision being Criminal Revision No.40 of 2022, however the same was dismissed and the summoning order was affirmed by the order of the revisional court passed on 24/9/2022.