2020 (3) TMI 984

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....Pvt. Ltd. vs. Sameer Khan) under Section 138 of the Negotiable Instruments Act and further proceedings of the complaint case no. 121 of 2014 under Section 138 of the Negotiable Instruments Act. Learned counsel for the applicant contends that applicant has been falsely implicated and summoned in complaint case under Section 138 of the Negotiable Instruments Act, 1881; that previously o.p. no. 2 filed an FIR against applicant under Section 420, 406, 506 I.P.C. which proceedings were quashed by this Court; that subsequently, o.p. no. 2 filed a complaint case under Section 138 of the Negotiable Instruments Act in which applicant was summoned; that the applicant filed application under Section 482 Cr.P.C. no. 26843 of 2014 seeking quashing of....

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....mentioned in the cheque exceeds the amount arranged to be paid from a particular account by an agreement with the bank. He also relied on one more judgement of co-ordinate Bench passed in Application U/S 482 No. 33953 of 2013 (Rahisuddin Saifi vs. State of U.P. and another). Per contra, learned A.G.A. and learned counsel for o.p. no. 2 supported the impugned order dated 7.6.2018 rejecting the objection of applicant and contended that the applicant is abusing the process of court by approaching this Court again and again and not permitting to proceed with the complaint case filed in 2014 after lapse of around 6 years; that as per the case of the applicant, the cheques were issued as security; that the Apex Court in the case of Sampelly Sa....