GAURAV SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and Sri Ashok Kumar Dwivedi, learned counsel for the opposite party no. 2 (complainant) and learned A.G.A. for the State.

(2.) By the present application, the applicant has prayed for quashing of the complaint and all proceedings in pursuance thereof, in Complaint Case No. 5882 of 2011, under Section 138 of the Negotiable Instruments Act, pending in the court of Additional Chief Judicial Magistrate, Gautam Budh Nagar.

(3.) The submission of the learned counsel for the applicant is that, admittedly, the cheque in respect of which proceedings have been initiated was drawn by Rajesh Kumar Srivastava, the father of the applicant. It has been submitted that the applicant has not drawn the cheque and the father of the applicant namely, Rajesh Kumar Srivastava, the drawer of the cheque, has not been made an accused, therefore, the complaint and all consequential proceedings deserve to be quashed.