RAJESH KUKREJA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri L.M. Singh, learned counsel for the revisionist, Sri Ankur Kushwaha, Advocate, holding brief of Sri Alok Kumar Yadav, learned counsel for the opposite party no. 2, Sri Ajay Singh, learned A.G.A.-I for the State/opposite party no. 1 and perused the record.

(2.) This revision under Sec. 397/401 Cr.P.C. has been filed by the revisionist - Rajesh Kukreja with the following prayers:-

(3.) The facts of the case are that a complaint dtd. 8/8/2012 was filed by M/s. Krishna Hotels and Developers through its partner Smt. Saroj Dubey wife of Sri Virendra Dubey, against Rajesh Kukreja, Director, Mangalam Restaurant and Hotel Pvt. Ltd., son of Ghanshamdas, for the offence under Sec. 138 read with 142 of the Negotiable Instruments Act, 1988, Ss. 406 and 420 I.P.C. The complainant filed an affidavit dtd. 8/8/2012 to be read under Sec. 202 Cr.P.C. as her statement. The trial court vide its order dtd. 21/11/2012 observed that perusal of the records shows that a complaint has been filed by the M/s Krishna Hotels and Developers through partner Smt. Saroj Dubey whereas cheque nos. 115261, 115262, 115263, 115264, 199008, 199009, 199010, 199011, 199013, 199014 and 199015 all of Rs.2,00,000.00 each, dtd. 15/4/2012 have been drawn in favour of Hotel Paradise whereas the complaint has been filed by M/s. Krishna Hotels and Developers through partner Smt. Saroj Dubey, whereas the complaint had to be filed by Hotel Paradise through its representative. It further directed that the complainant by the next date should clarify the same. Subsequently vide order impugned dtd. 26/7/2013 passed by the Metropolitan Magistrate, Court No. 8, Kanpur Nagar. The court concerned after considering the complaint, the statement of the complainant under Sec. 200 Cr.P.C. and that of the witnesses under Sec. 202 Cr.P.C. came to the conclusion that offence under Sec. 138 N.I. Act is made out against Rajesh Kukreja and thus summoned him under the said sec. . The said order is thus under challenge before this Court.