RAM AVTAR AGARWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Rahul Chaudhary, learned counsel for the applicant and Sri Uday Bhan, learned AGA for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the order dtd. 11/9/2018 passed by learned Presiding Officer, Additional Court No.3, Agra as well as entire proceedings of Complaint Case No.874 of 2018 (Vinod Kumar Agarwal Vs. Ram Avtar Agarwal and another), under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station Chhata, District-Agra, pending in the court of Additional Court No.3, Agra.

(3.) The facts giving rise to the present case is that father of opposite party no.2, Vinod Kumar Agarwal had filed a complaint against the applicant u/s 138 of the Act, 1881 with the allegation that to return the payment of booking amount of a flat constructed by the applicant, a cheque of Rs.3.00 lakhs dtd. 10/5/2018 issued in favour of Vinod Kumar Agarwal, who was the father of opposite party no.2, was given by the applicant on behalf of the Company-Anupam Omarion Infrastructure India Private Limited and on presenting the same before the bank on 10/5/2018, same was returned by the bank on 11/5/2018 with the endorsement 'account closed'. Thereafter, demand notice was sent to the applicant through registered post on 17/5/2018 but despite receiving the said demand notice on 26/5/2018, cheque amount was not paid by the applicant. Therefore, the impugned complaint was filed. Sri Vinod Kumar Agarwal has also filed his statement u/s 200 Cr.P.C. through affidavit. Thereafter, the court below has summoned the applicant as Director of Omarion Infrastructure India Private Limited vide order dtd. 11/9/2018. Thereafter, during the pendency of trial, the complainant, Sri Vinod Kumar Agarwal had died on 6/11/2021. After the death of complainant, Sri Vinod Kumar Agarwal, opposite party no.2 being his son moved an application dtd. 22/8/2023 permitting him to continue the impugned proceeding being legal heir of complainant, Vinod Kumar Agarwal, which was allowed by the court below vide order dtd. 8/11/2023 and same is under challenge in the present case.