LAWS(ALL)-2019-11-441

VISHAL ANEJA Vs. STATE OF U.P.

Decided On November 25, 2019
Vishal Aneja Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 19.7.2018 in Complaint Case No. 2120 of 2018 (Shikha Oberai v. Vishal Paint Store and another), under section 138 of the N.I. Act, P.S. Kotwali, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 7 Agra. Further prayer has been made to stay the further proceedings of the aforesaid case.

(2.) It is submitted by learned counsel for the applicants that the entire allegations are false. Cheque in question was not issued against any existing debt or liability. Referring to the entire evidence available on record, it is submitted that the summoning order is illegal and without application of judicial mind. No cause of action arose to file the complaint.

(3.) On the other hand, learned AGA opposed the prayer.