Dismissed

Ankur Goyal v. State of U.P. and Another

Allahabad HC29 Mar 2019A482/11772/2019

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 of the Cr.P.C. seeking to quash proceedings for cheque dishonour. The court held that the submissions involved disputed questions of fact and that the application did not make out a prima facie case warranting quashing.

What did the court decide?

Refused prayer for quashing of the proceedings and summoning order; dismissed the application.

Ankur Goyal Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 43

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Case :- APPLICATION U/S 482 No. - 11772 of 2019

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Applicant :- Ankur Goyal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Singh Tomar,Mohd. Naushad Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 336 of 2017 under Sections 138 N.I. Act, P.S.- Kotwali City, District- Muzaffarnagar pending in the Court of Judge, Negotiable Instrument Act, Muzaffarnagar.

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From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie case is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C. At this stage, only prima-facie case is to be seen in the light of law laid down by the Supreme Court in the case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal 1992 SCC(Crl) 426, State of Bihar Vs. P.P. Sharma 1992 SCC(Crl) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (para-10) 2005 SCC (Crl.) 283.

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However, learned counsel for the applicants argued that the benefit of the case of Amrawati and another Vs. State of U.P. reported in 2004(57) ALR 290 approved by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009(3) ADJ 322 (SC) be provided to them.

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In view of above, the prayer for quashing the proceeding and the summoning order is hereby refused.

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Needless to state that in the eventuality of filing any bail application by the applicants before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering all the aspects of the matter.

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It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.

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This application stands dismissed accordingly.

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Order Date :- 29.3.2019 Fhd.

Ankur Goyal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ankur Goyal v. State of U.P. and Another

Case brief

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What did the court decide?

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