Neutral Citation No. - 2025:AHC:62833 Court No. - 73 Case :- APPLICATION U/S 482 No. - 42146 of 2024 Applicant :- Animesh Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nishant Mehrotra,Usha Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri M.K. Maurya (AOR A/M 0394/16) holding brief of Sri Nishant Malhotra for the applicant as well as Sri Vikas Sharma, learned State Law Officer for the State. 2. This application u/s 482 has been filed for quashing the proceedings of Complaint Case No. 2395 of 2023, under Section 138 Negotiable and Instrument Act, 1881, pending in the court of Additional Civil Judge (Junior Divion)/ Judicial Magistrate, Court No. 5, Agra and order dated 08.06.2023 passed by Additional Civil Judge (Junior Divion)/ Judicial Magistrate, Court No. 5, Agra, in Complaint Case No. 2395 of 2023, summoning the Applicant under Section 138 Negotiable and Instrument Act, 1881. 3. Learned counsel for the applicant has made a statement at bar that the present application is squarely covered by the decision in the Application u/s 482 No. 42165 of 2024 decided on 03.01.2025, Order whereof is being quoted hereinunder.- "1. Heard Sri Nishant Mehrotra, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.3265 of 2023, under Section-138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Court No.5, Agra. 3. Contention of learned counsel for the applicant is that he is the Director of the Company-M/s Ever Youth Fashion Footwear Limited and the cheque in question was issued by applicant in discharge of liability of another company-Leather World India Private Limited, therefore, no proceeding can be initiated against the applicant. 4. Per contra, learned AGA has opposed the prayer and submitted that undisputedly the cheque in question has been issued by applicant in discharge of some liability as per the averments of the complaint. Therefore, proceeding cannot be quashed at the instance of applicant. 5. Considering the submission of learned counsel for the parties and on a perusal of record, it appears that applicant, who is the Managing Director of M/s Ever Youth Fashion Footwear Limited had issued cheque no.831081 dated 17.01.2023 in discharge of some liability. Therefore, the averment that the cheque in question was issued by applicant not for his liability but for the liability of another company is misconceived because the presumption u/s 139 read with Section 118 of the Act, 1881 is duly attracted. 6. In view of the above, this court does not find any illegality so far as the proceeding against the applicant. Accordingly, present application is rejected." 4. Since a statement has been made by the learned counsel for the applicant that the present case be decided in terms of the judgment in the case of Animesh Rai (supra). The application is decided in the same light. 5. Accordingly, the application stands decided. Order Date :- 23.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad