ARCHANA SINGH GAUTAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and Sri Brijesh Kumar Dwivedi, learned AGA for the State.

(2.) The present application has been filed for quashing the entire criminal proceeding, including the impugned summoning order dtd. 15/2/2024 passed by the learned Special Judicial Magistrate-II, Banda in Complaint Case No. 712 of 2023 (Brajesh Kumar Singh Vs. Smt. Archana Singh Gautam and others), under Sec. 138 N.I. Act, 1881, P.S. Kotwali Nagar, District Banda, pending in the Court of learned Special Judicial Magistrate-II, Banda.

(3.) The counsel for the applicant contends that the Bank returned the cheque in question because the cheque was invalid as the cheque in question was issued from the account maintained in Allahabad Bank on 2/6/2023, though the Allahabad Bank had already merged into the Indian Bank on 1/4/2020, and the cheque of the Allahabad Bank was valid till 30/9/2021; therefore, on the date of issuance as well as presentation of the cheque, it was invalid. Therefore, bouncing, of such the invalid cheque will not attract the liability u/s 138 N.I. Act.