RAKESH KANODIYA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and perused the record.

(2.) By means of this application prayer is made to quash the summoning order dtd. 10/1/2022 and the entire proceedings of Case No. 3843 of 2020 (Inspirationj Publication Vs. Rakesh Kanodiya) pending in the court of Additional Court, Court No. 2, Agra under Sec. 138 of Negotiable Instrument Act, Police Station Kotwali, District Agra.

(3.) It is argued by the learned counsel for the applicant that the applicant is the whole seller of books in District Deoria whereas the opposite party no. 2 is the publisher of the books in District Agra. On 31/12/2014 a written understanding was executed between the two for the year 2015 regarding terms of purchase and discount on purchase. In this regard, two CTS account payee cheques were handed over to Pradeep Sehgal, authorised agent of opposite party no. 2. In the year 2015, the applicant made gross purchase of Rs.4,51,207.25 from opposite party no. 2 and paid Rs.3,71,612.25 bearing the net purchase consideration after deducting the discount and all the legal dues of opposite party no. 2 were cleared by the applicant.