Citation : 2017 Latest Caselaw 3075 ALL
Judgement Date : 8 August, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- APPLICATION U/S 482 No. - 21073 of 2017 Applicant :- Sumesh Sahani Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishal Agarwal,Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the opp. party no. 2 in his complaint has specifically stated that cheque was issued in the name of company and that too in the capacity of Managing Director of the company. The applicant has resigned from the post of Director on 15.3.2012. The opp. party no. 2 had not impleaded the company as opp. party. False allegation has been made against the applicant. In fact, no case is made out against the applicant.
Learned A.G.A. has accepted notice on behalf of State.
Issue notice to the opp. party no. 2 who may file counter affidavit within a period of three weeks. Rejoinder affidavit may be filed within a week thereafter.
List on 20.9.2017.
Till the next date of listing, no coercive action shall be taken against the applicant in complaint case no. 175 of 2013, under section 138 N.I. Act, Police Station Nawabganj, District Jhansi.
Order Date :- 8.8.2017
Gss
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