- (1.) Heard Sri Jitendra Kumar Rawat holding brief of Sri Yogendra Kumar Srivastava, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the entire record.
(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 22.10.2019 passed by Additional District and Sessions Judge, Court No.5, Etawah passed in Criminal Revision No.18 of 2019 (Satyajeet Singh Bhadauria Vs. State of U.P. and another), under Section 138 of Negotiable Instrument Act (in short " N.I. Act").
(3.) Brief facts of the case are that the applicant has filed a complaint No.451 of 2017 on 10.08.2017 under Section 138 of Negotiable Instrument Act against the opposite party no.2 stating therein that Rs.1 lac was taken by opposite party no.2 from the applicant (complainant) with the assurance that the same will be returned in six months. After expiry of the aforesaid period when the demand was raised to return the said money, a cheque no.269466 was issued on 11.05.2017 by the opposite party no.2 and when the applicant presented the cheque for the payment, the same was dishonored on account of "insufficient fund" on 12.05.2017. The legal notice was given on 03.06.2017 and when the opposite party no.2 did not pay any dues, the present complaint was filed.;