SUNIL KUMAR AGARWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Daga, learned counsel for the applicant, Sri Sanjay Agarwal, learned counsel for the Opposite Party no. 2 and Sri G.P. Singh, learned A.G.A. for the State.

(2.) The present application has been filed with a prayer to quash the entire proceedings of Criminal Complaint Case No. 03 of 2014, under Section 138 of Negotiable Instruments Act, Police Station, Konch Kotwali, District Jalaun, pending in the court of learned Judicial Magistrate, Konch, Jalaun.

(3.) The main argument of the learned counsel for the applicant is that the complaint under Section 138 of Negotiable Instruments Act has not been filed by the person in whose favour the cheque was issued by the accused-applicant, no valid power of attorney was being possessed by the Opposite Party no. 2/complainant in this case executed on behalf of the Firm, therefore, the entire proceedings need to be quashed.