SHASHIBALA AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

(2.) The instant application has been filed seeking quashing of the entire proceeding of Complaint Case No. 5449 of 2017 (Nimesh Agrawal vs. M/s Anupam Omerian Infrastructure Pvt. Ltd. and others), u/s 138 N.I. Act, P.S. Hari Parwat, District Agra, pending before Additional Court No.3, Agra and also the impugned order dtd. 28/2/2024 passed by Additional Sessions Judge, Court No.1, Agra, in Criminal Revision No. 769 of 2023 (Nimesh Agrawal vs. State of U.P.).

(3.) The facts giving rise to the present case are that opposite party No.2 had filed a complaint case No. 5449 of 2017, impleading the company M/s Anupam Omerian Infrastructure Pvt. Ltd. as well as two of its directors including the present applicant as respondents-accused, with the allegation that the cheque of Rs.11,80,000.00 bearing No. 044298 dtd. 19/4/2017, signed by the applicant was handed over to opposite party No.2 in discharge of liability on behalf of her company and on bouncing of the same on 20/5/2017, the statutory notice dtd. 22/5/2017 was sent to all the respondents-accused including the present applicant which was served upon them on 13/6/2017. Thereafter, despite receiving the statutory notice, the accused respondents, including the present applicant, did not pay the cheque amount. Learned A.C.J.M., Court No.12, Agra, on considering the aforesaid complaint and the statement and other documents filed in support of the complaint, issued a summon against the applicant by order dtd. 9/11/2017. In that order, it was clearly mentioned that the present applicant issued the cheque in question, therefore, instead of summoning the company, i.e. M/s Anupam Omerian Infrastructure Pvt. Ltd., the present applicant was summoned being its director and signatory of the cheque in question.