JATAN KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Praveen Kumar Singh for the applicant, Sri Rajesh Pratap Singh, learned counsel for the opposite party no.2 and Sri Kamleshwar Singh, learned A.G.A. for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed seeking quashing of the summoning/cognizance order dtd. 19/10/2020 in Complaint Case No.14988 of 2020 (Satyadev Jayswal vs. Jatan Kumar Singh) under Sec. 138 of the Negotiable Instruments Act (hereinafter referred as 'the N.I.Act' ), P.S.- Cantt, District- Varanasi, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Varanasi.

(3.) The facts of the case, in brief, are that the aforesaid FIR has been lodged by the opposite party no. 2 with the allegation that he was having commercial relations with the applicant herein and in relation to the business the applicant has issued cheque in his favour for an amount of Rs.29,07,254.00 drawn on ICICI Bank Branch Pahadiya District Varanasi dtd. 21/5/2020. It is also alleged that on presenting the cheque in question on 15/6/2020 before the Bank concerned it has been returned on 17/6/2020 with the remark that "Kindly contact Drawer/Drawee Bank. It is also alleged that on the assurance of the applicant again the cheque was presented to the Bank on 19/6/2020 but it was returned by the Bank on 20/6/2020 with the remark "Account Closed". It is further alleged that the demand notice dtd. 23/6/2020 was issued to the applicant which was received by him on 26/6/2020 but he failed to pay the cheque amount. Therefore, the instant complaint has been filed by the opposite party no. 2 against the applicant under Sec. 138 N.I. Act.