RAJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjay Pratap Singh, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State.

(2.) The present application has been filed to quash the entire proceedings of Criminal Complaint Case No.92284 of 2022, Smt. Deepmala Vs. Raj Kumar, under Sec. -138 of Negotiable Instruments Act, 1881, Police Station-Panki, District-Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar as well as summoning order dtd. 17/11/2022.

(3.) Contention of learned counsel for the applicant is that cheque in question was a missing cheque regarding which police complaint has already been filed by the applicant on 20/11/2021. It is further submitted that one cheque bearing no.871176 regarding which the applicant has informed the police was returned with the endorsement 'stop payment' while the another cheque bearing no.274790 was returned with the endorsement 'fund insufficient'. Therefore, if two cheques are presented on the same date, they cannot be returned for different reasons.