Court No. - 54 Case :- APPLICATION U/S 482 No. - 34488 of 2009 Petitioner :- Rajeev Arraya Respondent :- State Of U.P. And Another Petitioner Counsel :- Anil Kumar Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State
respondent.
It is contended by the learned counsel for the applicant that the applicant had
lost the cheque in question regarding which he had also lodged a report and
had sent letter to the Bank for stopping payment of the said cheque. It is also
contended that opposite party no.2 has misused the said cheque as no business
transaction of the applicant was with the opposite party no.2 and also no
payment was to be made by the applicant to the opposite party no.2 and
opposite party no.2 has initiated the present criminal prosecution.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. The opposite party no.2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the applicant one week
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing no coercive action shall be taken against the
applicant in complaint case no. 5044 of 2008 under Section 138, Negotiable
Instrument Act pending before Special Chief Judicial Magistrate, Allahabad.
Order Date :- 4.1.2010
Ashish