RAKESH UPADHYAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and Sri Arbind Kumar, learned A.G.A. for the State.

(2.) The present 482 Cr.P.C. application has been filed for quashing of entire proceeding as well as summoning order dtd. 22/11/2023 passed by learned Additional Chief Judicial Magistrate, Second, Jaunpur in Complaint Case No.13185 of 2023 (Jay Prakash Upadhyay Vs. Rakesh Upadhyay), under Sec. 138 of N.I. Act, Police Station Sujanganj, District Jaunpur, pending in the Court of Additional Chief Judicial Magistrate, Second, Jaunpur.

(3.) Facts giving rise to the present case are that the opposite party no.2 had filed a complaint under Sec. 138 N.I. Act against the applicant with the allegation that the complainant and the present applicant were good friends and the applicant was involved in property dealing. He assured the complainant to provide him with land. For that purpose, Rs.20,00,000.00 (Rupees Twenty Lac) was taken by the opposite party no.2 as advance, but subsequently, the applicant did not execute the sale deed of the land despite repeated requests of the complainant. The applicant issued two cheques for each Rs.10,00,000.00 (Ten Lac) on 2/3/2023. When the complainant presented those cheques in his account maintaining in Baroda U.P. Gramin Bank, the same was returned because of insufficiency of fund in the applicant's account. After that, despite repeated request applicant has not paid the cheque amount. After that, the complainant sent demand notice through registered post on 29/3/2023 to the present applicant, but despite receiving the same cheque, the amount was not paid by the applicant. In support of his complaint, opposite party no.2 had also filed a receipt of registered post dtd. 29/3/2023 as well as the account ledger report issued by Baroda U.P. Gramin Bank regarding the account of opposite party no.2 showing the bouncing of cheque on 2/3/2023. Learned Magistrate, after that, had issued a summons to the applicant by order dtd. 22/11/2023, which is impugned in the present application.