MOHAMMAD YAQOOB MANSOORI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Salman Ahmad, learned counsel for the applicant, Sri Diwakar Mishra, learned counsel for the opposite party no. 2 and Sri A.D. Mishra, learned A.G.A. appearing for the State and perused the record.

(2.) This application under Section 482 Cr.P.C has been moved with a prayer to quash the impugned summoning order dated 04.02.2012 passed by Chief Judicial Magistrate, Jalaun at Orai in Complaint Case No.2646 of 2013 (Anil Babu Niranjan vs. Mohammad Yaquoob Mansoori) under section 138 Negotiable Instrument Act, P.S. Kotwali Orai, District Jalaun at Orai and the entire proceedings of complaint case and also a prayer is made to stay the proceedings in this case till the disposal of this application.

(3.) In the affidavit filed in support of the stay application it is stated that as per the version contained in the complaint, the opposite party no. 2 runs an Electronic shop in Gandhi Market, Orai and the applicant is a proprietor of M/s. N.I. Purse Belt Store on main road, Orai. He does business by the said name. As per prosecution case, both the businessmen i.e. the applicant as well as the opposite party no. 2 were having good relation and since the applicant needed money for enhancement of his business, the applicant borrowed Rs.3.00 lacs from opposite party no. 2. On 7.10.2013 a cheque bearing no.038386 of Union Bank Branch, Orai was issued by the applicant for returning the said amount, which was presented by opposite party no. 2 before the Bank on 9.10.2013 but the same was returned with an endorsement that there was no sufficient balance in the account. As per allegation in the complaint, the said information of dishonouring of cheque was given to the applicant and the said amount of Rs.3.00 lacs was asked to be paid but the same was refused by the applicant where-after on 21.10.2013 the opposite party no. 2 issued notice under section 138 of Negotiable Instrument Act through his counsel but after passing of 15 days time when the money was not paid back, on 26.11.2013 opposite party no. 2 again sent a notice through his counsel to the applicant which did not return and thereafter on 18.12.2013 opposite party no. 2 filed a complaint under section 138 of Negotiable Instrument Act. The complainant/opposite party no. 2 had given statement under section 200 Cr.P.C. repeating the same version as were mentioned in the complaint, copy of the same has been annexed as Annexure-2.