ASLAM KHAN MALIK Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Lovekush Kumar Mishra, learned counsel for the applicant as well as Sri B.S. Kushwaha, learned AGA for the State.

(2.) This application u/s 482 of Cr.P.C. has been filed for quashing the impugned order dtd. 18/11/2024 passed by Addl. Session Judge/Special Judge (D.A.A.), Court No. 3, Agra in Revision No. 737 of 2024 (Dr. Aslam Khan Malik Vs. State of U.P. and another) as well as order dtd. 28/8/2024 passed by Judicial Magistrate Court no. 1, Agra and summoning order dtd. 21/4/2022 as corrected order dtd. 30/10/2023 passed by learned Judicial magistrate/Addl. Civil Judge (J.D.), Agra in Complaint Case No. 12151 of 2021 (Smt. Anita Kothiya Vs. Dr. Aslam Khan Malik) proceeding under Sec. 138 of N.I. Act, P.S. Tajganj, District Agra.

(3.) Learned counsel for the applicant has submitted that a complaint stood lodged by the opposite party no. 2 on 12/11/2021 against the applicant relatable to issuance of three cheques of Rs.33,00,000.00 which was presented in the bank then the same stood dishonored on 5/10/2021 and 11/10/2021, a registered notice was sent on 18/10/2021 which returned back on 23/10/2021 with the remark that the applicant refused to accept the same and after lapsing of 15 days period on 7/11/2021, the complaint stood lodged on 12/11/2021. Learned counsel for the applicant submits that there happens to be an agreement between the three parties, applicant, opposite party no. 2 and one Dr. Aslam Khan, he submits that a registered agreement to sell stood executed between the said parties on 12/8/2014, according to which, certain amounts stood transferred and the applicant had issued the said cheques as security for getting the agreement to sell cancelled. However, the opposite party misused the cheques which were ment for security and get it encashed and did not get the agreement cancelled.