SNEHA TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Triloki Nath learned counsel for the applicant and Sri J.P. Gupta learned AGA for the State.

(2.) This is an application filed under Sec. 528 of the B.N.S.S. for quashing the Summoning Order dtd. 19/4/2022 passed in Complaint Case No.821 of 2021 as well as entire proceeding of Complaint Case No.821/2021,"Sanjeev Kumar Vs. Sneha Tiwari" Under Sec. 138 N.I. Act, Police Station Mauranipur, District Jhansi, pending in the court of Judicial Magistrate, Mauranipur, Jhansi.

(3.) Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no.2 on 22/6/2021 against the applicant under Sec. 138 of the N.I. Act with an allegation that two cheques bearing no.112858 and 112857 stood drawn of an amount of Rs.4.00 lakhs on 5/3/2021 and 2/3/2021 which on presentation in the bank stood dishonoured on account of signatures differ on 15/5/2021 followed by a statutory demand notice dtd. 18/5/2021 and the complaint on 22/6/2021 and the applicant came to be summoned on 19/4/2022. He has further submitted that first of all no debt or liability under Sec. 138 of the N.I. Act would arise particularly when no such cheque was drawn by the applicant as he seeks to invite the attention of the Court towards the lodging of the first information report under Ss. 376, 323, 504, 506, 379 IPC on 14/9/2021 being FIR No.0435 of 2021 by the applicant against the opposite party no.2. He has also submitted that as a counterblast and retaliation the present complaint has been filed.