Dismissed

Smt. Poonam Shah Alias Pinki v. State of U.P. and Another

Allahabad HC11 Sept 2018A482/31542/2018

Case brief

AI extract

What is this about?

The court dismissed an application under Section 482 Cr.P.C. seeking to quash a summoning order in a cheque bounce case involving spouses. It held that the order was justified, based on material on record, and neither perverse nor illegal, refusing the prayer to quash proceedings.

What did the court decide?

Prayer to quash the summoning order dated 20.09.2016 and the entire criminal proceeding is refused and dismissed.

Smt. Poonam Shah Alias Pinki Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 31542 of 2018

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Applicant :- Smt. Poonam Shah Alias Pinki Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ali Hasan,Om Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 20.09.2016 as well as entire criminal proceeding in Criminal Complaint Case No.697 of 2016, under Sections 138 N.I. Act, Police Station Sipari Bazar, district Jhansi, pending in the court of ACJM, court no.1, Jhansi.

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Learned counsel for the applicant contended that the parties are husband and wife. He adds that the summoning order dated 20.09.2016 is not based on any material on record and thus the same is not legally justified. The court below failed to take note of fact that mere bald averments cannot be counted against the applicant and cannot be construed as participation of the applicant in the very crime. The applicant has been falsely implicated in this case. Therefore, the order impugned dated 20.09.2016 is liable to be quashed.

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Learned AGA refuted the aforesaid submission and submitted that the order of the court below is based on material on record and the same requires no interference.

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Considering the above submissions, it obvious

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that the summoning order is very much justified and it cannot be said to be unjust and unfair. Accordingly, summoning order cannot be said to be either perverse or illegal. Therefore, I do not find any reason to quash the impugned summoning order dated 20.09.2016 in Complaint Case No.697 of 2016, under Sections 138 N.I. Act, Police Station Sipari Bazar, district Jhansi, pending in the court of ACJM, court no.1, Jhansi. Hence, prayer made for quashment of proceeding is refused.

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Accordingly, this application is dismissed. Order Date :- 11.9.2018 Raj

Smt. Poonam Shah Alias Pinki v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Poonam Shah Alias Pinki v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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