Mohammad Ehtasham v. State of U.P. and Another
Case brief
What is this about?
The High Court refused to quash a summons in a cheque dishonour case under Section 482 Cr.P.C., finding a prima facie case exists. Instead, the Court directed the accused to appear for the purpose of seeking compounding of the offence within one month, granting complete liberty to the trial court to proceed under applicable post-2018 amending laws within five months.
What did the court decide?
Prayer to quash summoning order refused; accused directed to apply for compounding of offence within one month; no coercive measures till resolution.
What the court decided
Court No. - 79
Case :- APPLICATION U/S 482 No. - 17718 of 2020
Applicant :- Mohammad Ehtasham Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shakil Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of summoning order dated 07.11.2019 issued by the Judge, Additional Court, Bijnor in connection with Complaint Case No. 882 of 2018 (C.N.R. No. UPBJ040045592018) (Nabeel Ahmad Vs. Mohd Ehtasham) under Section 138 of N.I. Act, Police Station Kotwali Dehat, District Bijnor, pending before him.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that the entire allegations are false. Cheque in question was not issued against any existing debt or liability. Referring to the entire evidence available on record, it is submitted that the summoning order is illegal and without application of judicial mind. No cause of action arose to file the complaint.
On the other hand, learned A.G.A. opposed the prayer.
I have considered the rival submissions made by the learned counsel for the parties and perused the entire record carefully.
Issues for consideration
2 issues framed by the court
Whether the peremptory summons issued in a complaint under Section 138 NI Act should be quashed at the trial stage.
Whether parties in a cheque dishonour case should be directed to seek expeditiously to settle the matter amicably through compounding.
Parties & counsel
- appellant
Mohammad Ehtasham
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/17718/2020
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