Held a S.482 CrPC application seeking quashment of cheque dishonour proceedings. Court remanded matter to lower court for parties to raise objections on the double payment claim within six months.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 13850 of 2004
Applicant :- Anil Agarwal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.K. Dwivedi,R.P. Dwivedi Counsel for Opposite Party :- Govt. Advocate,Amit Daga
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, Shri Amit Daga, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
This application has been filed for quashing the criminal proceeding in complaint case no. 6401 of 2004 (M/s Anjul Automobiles Vs. M/s Anil Auto Agencies) under section 138 Negotiable Instruments Act pending in the court of Additional Civil Judge (S.D.) IV, Meerut.
The submission on behalf of the applicant is that the applicant has paid twice the amount in dispute to the opposite party no.2 and there remains no liability against him.
The counsel for the opposite party no.2 has seriously disputed this fact.
It is open for the parties to raise their objections before the court below. The matter is remanded back to the court below to decide the objection, if filed, as expeditiously as possible within a period of six months from the date of presentation of certified copy of this order before it. The application is disposed of. Order Date :- 10.12.2018 Atul kr. sri.
1 issue framed by the court
Whether the liability under Section 138 of the Negotiable Instruments Act ceases upon double payment by the applicant.
2 provisions across 2 enactments
Anil Agarwal And Another
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
