Dismissed

Arun Kumar v. State of U.P. and Another

Allahabad HC25 Nov 2019A482/42512/2019

Case brief

AI extract

What is this about?

Thesingle judge dismissed a Section 482 CrPC application seeking to quash summoning order and criminal proceedings in a cheque dishonour case. The court found the order valid as the applicant failed to pay the amount after legal notice. The application was held devoid of merit.

What did the court decide?

Summary dismissal of the application seeking quashing of the summoning order and criminal proceedings.

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

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 42512 of 2019

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Applicant :- Arun Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sujeet Sinha,Shree Prakash Giri

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed by the applicant for quashing the impugned summoning order dated 08.05.2019 as well as entire criminal proceedings of Complaint Case No. 106 IX of 2019, (Ram Karan Singh Vs. Arun Kumar), under Section 138 of Negotiable Instruments Act, Police Station Kotwali Nagar, District Banda, pending in the court of learned Special Judicial Magistrate-Ist, Banda.

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As per the allegations made in the complaint, it is alleged that the applicant has issued a cheque bearing no. 061051 in favour of the Opposite Party No.2 for a sum of Rs. 2,50,000/-. On presentation of the said cheque before the Bank, it was dishonoured.

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After dishonour of the cheque, a legal notice was sent to the applicant to make good the payment of the cheque amount, however, despite being noticed, the applicant has not made good the payment of the cheque amount, as such, a complaint under Section 138 of Negotiable Instruments Act has been filed by the Opposite Party No.2 against the applicant.

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Learned Magistrate, after considering the allegations made in the complaint and making requisite enquiry under Sections 200 CrPC and 202 CrPC, has summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act vide order dated 08.05.2019.

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Learned counsel for the applicant could not point out any illegality or infirmity in the impugned summoning order.

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Per contra, learned AGA for the State has submitted that after taking into consideration the allegations made in the complaint and making requisite enquiry under Sections 200 CrPC and 202 CrPC, learned Magistrate has passed the impugned summoning order, which does not suffer from any illegality or infirmity and the present application

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is liable to be dismissed.

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Having considered the rival submissions made by learned counsel for the parties and considering the reasons assigned in the impugned summoning order and keeping in view the fact that despite being noticed, the applicant has not paid the cheque amount, as such offence under Section 138 of Negotiable Instruments Act is clearly made out and the entire proceedings cannot be quashed.

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In view of the aforesaid submissions, impugned summoning order does not suffer from any illegality or infirmity.

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Present application under Section 482 CrPC is wholly misconceived and devoid of merit and it is accordingly dismissed.

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Order Date :- 25.11.2019 Nadim

Arun Kumar v. State of U.P. and Another

Case brief

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Arun Kumar v. State of U.P. and Another

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