Dismissed

Dhirendra Dubey and 2 Others v. State of U.P. and 2 Others

Allahabad HC25 Apr 2019CRLP/11008/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition seeking to quash an FIR under sections 420, 406, 467, 468, 471, 323, 506, 120-B IPC and Section 138 NI Act, the High Court rejected the plea. The court held that allegations of deliberate issuance of a cheque to defraud the informant rendered the FIR maintainable and denied the plea for quashing. The petition was dismissed.

What did the court decide?

The writ petition was dismissed; liberty to apply for bail was granted.

Dhirendra Dubey and 2 Others Vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11008 of 2019

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Petitioner :- Dhirendra Dubey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shrawan Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.

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The instant petition has been filed to quash the F.I.R. dated 28.01.2019 registered as case crime No. 0037 of 2019, under Sections 420, 406, 467, 468, 471, 323, 506, 120-B I.P.C. read with Section 138 of Negotiable Instrument Act, Police Station-Govind Nagar, DistrictKanpur Nagar.

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The allegation in the impugned First Information Report is that an agreement was arrived at to purchase a property. The sale consideration of the property was Rs. 15,00,000/and it was decided that it would be shared equally by three persons. It is alleged that informant for making payment of his contribution had transferred Rs. 5,00,000/- to the account of accused (petitioner no.1). It is stated that thereafter informant fell seriously ill on account of cancer and, therefore, he prayed for refund of money. It is stated that money was sought to be refunded through a cheque which was signed by petitioner no.1 on the account of the petitioner no.2, who are the husband and wife. The allegation is that by such act, the informant was cheated by the petitioners. The petitioner no. 3 is father of the petitioner no.2 and is stated to be in conspiracy with the other two petitioner.

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The contention of the learned counsel for the petitioners is that offence punishable under Section 138 N.I. Act is a non-cognizable offence for which a separate case has already been filed by the informant and in so far as the offence of cheating and forgery is concerned, they are not made out. It had also been alleged that the cheque had been stolen.

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The aforesaid contention is not acceptable because here the allegation is that deliberately a cheque was issued in the account of another person just to ensure that informant gives up his right to the property and is also deprived of his money. It has not been denied in the writ petition that Rs. 5,00,000/- were transferred by the informant to the account of the petitioners. Further, the application of the petitioner no. 2 that cheque has been stolen has been filed sometimes in the month of November, 2017 whereas before that, it appears, summoning under Section 138 N.I. Act has taken place.

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Under the circumstances, no case for quashing the First Information Report is made out.

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The writ petition is dismissed with liberty to the petitioners to apply for bail.

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Order Date :- 25.4.2019/AKT

Dhirendra Dubey and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Dhirendra Dubey and 2 Others v. State of U.P. and 2 Others

Case brief

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What the court decided

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