LAWS(ALL)-2007-11-48

SANJAY KUMAR Vs. STATE OF U P

Decided On November 21, 2007
SANJAY KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) M. K. Mittal, J. The application has been filed for quashing the proceedings in Criminal Complaint Case No. 632/2004, Avnish Dutt Sharma v. Dr. Sanjay Kumar, under section 138 Negotiable Instruments Act, (hereinafter referred as Act) pending in the Court of Special A. C. J. M. C. B. I. (A. P.) Lucknow.

(2.) HEARD Sri Shamim Ahmed learned Counsel for the applicant, Sri Shrikant learned Counsel for the opposite party No. 2, learned AGA and perused the material on record. Counter and rejoinder affidavits have been exchanged between the parties.

(3.) ACCORDING to applicant the cheque was not presented in time at the payee bank and that the transactions had taken place in Kanpur and therefore, this Court has the jurisdiction to hear the present application.