SUMESH SAHANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Daga, learned counsel for the applicant and learned AGA for the State. Nobody has put in appearance on behalf of O.P. No.2 in spite of service of notice to him.

(2.) The present petition under Section 482 Cr.P.C. has been filed for quashing the order dated 2.5.2018 passed by Additional Sessions Judge, Court No.5, Jhansi, in Criminal Revision No. 190 of 2017 (Sumesh Sahani Vs. State of U.P. & Anr.) as well as summoning order 30.4.2013 passed Judicial Magistrate Court No. 12 Jhansi, in Criminal Complaint Case No. 475 of 2013 and entire proceedings of Criminal Complaint Case No. 475 of 2013, under Section 138 of Negotiable Instruments Act (hereinafter referred to as the 'Act') P.S. Kotwali, District- Jhansi, pending before the court of Judicial Magistrate Court No. 12 Jhansi.

(3.) It reflects from the record that the O.P. No.2 has filed a complaint under Section 138 of the Act against the applicant for dishonoring of cheque dated 12.12.2012 amounting to Rs. 3.5 lacs. As per the complaint as well as from the cheque (appended at page 25 of the paper book), it is apparent that the cheque in question was issued by the company "Essex Construction Private Ltd." which is incorporated under the Companies Act, a copy of the certificate of incorporation has been appended at page 54.