JITENDRA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

(2.) The instant application has been filed by the applicant with a prayer to quash the order dated 19.11.2015 passed by the learned Chief Judicial Magistrate, Etah in Case No.1588 of 2011, Ramesh Vs. Jitendra, under Sec. 138 of the Negotiable Instrument Act, P.S. Kotwali Nagar, district Etah.

(3.) It is submitted by the learned counsel for the applicant that in a business relationship between the applicant and the opposite party no.2 in respect of supply of wheat, the applicant had given a cheque of Rs.8,50,000.00 drawn in favour of the opposite party no.2. It is further submitted that when the prices of wheat were increased, the opposite party no.2 refused to supply the goods and, therefore, the applicant asked the bank to stop honour of the cheque. The aforesaid cheque was presented by the opposite party no.2 to the drawee bank and the same was dishonoured mentioning the reason that a request to stop payment has been made by the applicant. It is next submitted that the applicant had already paid the cheque amounting to Rs.8,50,000.00 but the goods were not supplied by the opposite party no.2. The opposite party no.2 has filed the present complaint on 4.8.2011 containing absolutely false and vague allegations only in order to cause sheer harassment of the applicant.