Allahabad High Court High Court

Mohammad Aqeel vs State Of U.P. And Another on 13 January, 2010

Allahabad High Court
Mohammad Aqeel vs State Of U.P. And Another on 13 January, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 834 of 2010

Petitioner :- Mohammad Aqeel
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Rajeev Sisodia,Atul Sisodia
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard the learned counsel for the applicant and the learned A.G.A.

It is contended by the learned counsel for the applicant that there was a
business transaction between the applicant and O.P. No.2. the amount in
dispute has already been paid to the applicant, thereafter the cheque in
dispute, which was given in advance, was presented by O.P. No.2 for
encashment but the same was stopped b the applicant, the cheque was not
dishonored on account of insufficiency of amount.

Issue notice to O.P. 2 returnable within a period of four weeks.

In view of the submissions made by the learned counsel for the applicant and
the learned A.G.A. further proceedings in complaint case no. 48 of 2009
under section 138 N.I. Act P.S. Najibabad district Bijnor pending in the court
of Judicial Magistrate/ Additional Civil Judge( Junior Division)Bijnor shall
remain stayed till the next date of listing.

List after four weeks for orders.

Order Date :- 13.1.2010
N.A.