2021 (9) TMI 721

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Hon'ble Rajiv Gupta, J. Heard learned counsel for the applicant, learned AGA for the State, Shri Amit Daga, learned counsel for opposite party no.2 and perused the record. This application under Section 482 CrPC has been filed by the applicant with a prayer to quash the order dated 01.05.2014 passed by Chief Judicial Magistrate, Jhansi in Complaint Case No. 828 of 2013 (Ravindra Kumar A....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....inst the applicant. On the basis of the said complaint, learned Magistrate, after considering the allegations made in the complaint and making requisite enquiry under Sections 200 CrPC and 202 CrPC, has summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act vide order dated 18.11.2013. Against the said order dated 18.11.2013, the applicant preferred an appli....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on has been filed. Learned counsel for the applicant has submitted that the cheque in question has not been presented before the bank for payment by the Opposite Party No.2 within prescribed period, as such, proceedings under Section 138 of Negotiable Instruments Act could not be drawn against him, as such, impugned order is bad in the eye of law and liable to be set aside. Per contra, learn....