Pramod Kumar Mishra v. State of Up and Another
Case brief
What is this about?
In a Section 482 application challenging summons in a Section 138 cheque dishonour case involving signature mismatch, the court directed the applicant to move an application for discharge within three weeks. Any such application would be adjudicated by the trial court on facts, and no coercive action would be taken during the three-week period.
What did the court decide?
Directs applicant to move for discharge within three weeks; no coercive action against applicant during this period.
What the court decided
Court No. - 64
Case :- APPLICATION U/S 482 No. - 18328 of 2019
Applicant :- Pramod Kumar Mishra Opposite Party :- State Of Up And Another Counsel for Applicant :- Santosh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for quashing the summoning order dated 2.3.2019 in complaint case no. 707 of 2017 passed by the Additional Chief Judicial Magistrate, Court No. 5, Allahabad as well as the entire proceedings of complaint case no. 707 of 2017 (Mahendra Kumar Sahu Vs. Pramod Kumar Mishra) under section 138 N.I. Act P.S. Keedganj, district Prayagraj pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Prayagraj.
Contention of the learned counsel for the applicant is that in this case proceedings arises out of complaint case no. 707 of 2017 the applicant has wrongly been summoned by the court below vide summoning order dated 2.3.2019.
The brief facts of the case is that several cheques were issued, some cheques were dishonoured on account of insufficiency of the amount. However, few cheques were dishonoured due to mismatch of the signatures.
Issues for consideration
1 issue framed by the court
Whether the High Court can adjudicate on factual aspects of signature mismatch in cheque dishonour cases under Section 482 Cr.P.C.
Parties & counsel
- applicant
Pramod Kumar Mishra
- respondent
State Of Up
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- A482/18328/2019
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