LALIT CHAPRANA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Byas Kr. Prasad, Advocate holding brief of Sri Pradeep Kumar Keshri, learned counsel for the applicant, Sri Khwaja Shamshad Ahmad, learned counsel for opposite party No.2 and Sri Pankaj Saxena, learned A.G.A. for the State.

(2.) The instant application has been filed seeking quashing of the entire proceeding of Complaint Case No. 4501 of 2021 (Parvinder Singh vs. Mahadev Enterprises), under Sec. 138 N.I. Act, P.S. Hapur Nagar, District Hapur, pending before C.J.M., Hapur as well as the impugned summoning order dtd. 14/9/2021.

(3.) The facts giving rise to the present case are that Rs.20,50,000.00 was given by opposite party No.2 to the applicant as loan in June, 2020 on persuasion of the applicant and co-accused to obtain contract in the name of the firm Mahadev Enterprises and just to return that amount a cheque of Rs.29,50,000.00 dtd. 6/1/2021 was given by the applicant on behalf of his proprietorship concern (Mahadev Enterprises) to opposite party No.2 but on presenting the same before the bank, the same was dishonoured on 15/1/2021 and it was again presented before the bank on the advice of the applicant on 29/1/2021 but the same was dishonoured by the bank on 30/1/2021 with the endorsement "payment stop by drawer". Thereafter, that cheque was again presented (third time) before the bank on the advise of the applicant on 23/2/2021 but the same was again returned by the bank on 24/2/2021 with the endrosement "payment stopped". Thereafter, opposite party No.2 sent a registered demand notice to the applicant on 4/3/2021 which was delivered to the applicant on 9/3/2021, but despite expiry of 15 days, the cheque amount was not paid then the impugned complaint was filed in which the applicant was summoned by order dtd. 14/9/2021.