RAM KARAN DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed seeking the quashing of summoning order dated 06.06.2018 passed by Additional Chief Metropolitan Magistrate-II, Kanpur Nagar as well as the entire criminal proceedings arising out of Complaint Case No. 19417 of 2018 (Sandeep Kumar Shukla Vs. Ram Karan Dubey), under Section 138 N.I. Act.

(2.) As per prosecution case of complainant/opposite party no.2, two cheques dated 27.02.2018 and 3.3.2018 of rupees twenty two lacs and twelve lacs given by the applicant to the opposite party no.2, has been dishonoured on presenting the cheque in the bank and returned back stating the reasons "Fund Insufficient". A demand was made by the opposite party no.2 by sending notices dated 12.03.2018 and 14/15.3.2018, but applicant did not pay the aforesaid cheque amount. Therefore, opposite party no.2 has filed complaint dated 12.4.2018 against the applicant, on which learned Magistrate has summoned the applicant vide order dated 6.6.2018 to face trial under Section 138 N.I. Act.

(3.) It is submitted by the learned counsel for the applicant that summoning order dated 6.6.2018 has been passed in mechanical manner. Order dated 6.6.2018 is against the weight of evidence and record. Complaint has been filed by the applicant with malicious intention.