This application was disposed of with a direction to the applicant to file a recall application for a summoning order covering only one cheque out of five deposited in the complaint, to be heard within one month.
Direction to applicant to move an application for recall of the summoning order within one month.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 7983 of 2022
Applicant :- Raju Shukla Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the impugned order dated 9.12.2021 and modify the summoning order dated 3.4.2021 to the extent of include the cheque Nos. 216993 for amount of Rs. 5 lacs, 216995 of amount of Rs. 10 lacs, 216996 for amount of Rs. 10 lacs and 2169997 for amount of Rs. 10 lacs.Total amount Rs. 45 lacs passed by the learned court of Addl. C.M.M.-II, Kanpur Nagar in Complaint Case No. 784 of 2020 (Raju Shukla Vs. Prashan Kumar), under section 138 N.I. Act, P.S. Kalyanpur, District Kanpur Nagar.
It is contended by learned counsel for the applicant that by the order dated 3.4.2021 applicant found that the learned court below summoned the opposite party no. 2 only for cheque no. 216794 for Rs. 10 lacs whereas above noted complaint was in regard to five cheques for amount of Rs. 45 lacs.
From the perusal of the record it transpires that the court below has summoned the O.P. No. 2 only for one cheque number 216794 for Rs. 10 lacs but in this complaint there is five cheque amount of Rs. 45 lacs. therefore, in the interest of justice applicant is directed to move an application for the recall of the said order and the same shall be heard and disposed of in accordance with law within a period of one month from the date of production of filing the certified copy of this order.
With the above observation, this application is disposed of.
Order Date :- 27.7.2022 RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.07.28 10:17:26 IST Reason: Location: High Court of Judicature at Allahabad
Raju Shukla
Gautam Chowdhary
As recorded by the court registry
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