VINOD AGARWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Meraj Ahmad Khan, learned counsel for the applicants, Sri Krishna Dutt Tiwari on behalf of the opposite party no. 2 and learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 05.04.2019 passed by Presiding Officer, Additional Court, Moradabad in Complaint Case No. 190 of 2015 (Vikas Agarwal Vs. Vinod Kumar Agarwal) as well as order dated 18.06.2019 passed by Session Judge, Moradabad in Criminal Revision No. 114 of 2019 (Vikas Agarwal and another Vs. State of U.P.), under Section 138 N.I. Act, Police Station Gal Shaheed, District Moradabad.

(3.) It reflects from the record that the complainant-opposite party no. 2 filed a complaint on 28.10.2010 against the applicants for dishonouring of cheque, under section 138 of the Negotiable Instrument Act, in which the accused applicants were summoned vide order dated 30.11.2010. After summoning of the accused, his statement was recorded on 28.08.2012 and the examination-in-chief of the complainant was recorded on 17.01.2014. The witnesses of the complainant were cross-examined on 05.12.2017 & 06.12.2017. Subsequently, date was fixed for recording of the statement of the accused applicants under Section 313 Cr.P.C. but the accused did not appear before the court concerned for the purpose and sought adjournment of the case on one pretext or the other.