The High Court disposed of an application under Section 482 Cr.P.C. seeking to quash proceedings for a dishonoured cheque. The applicant offered to pay the amount via an installment plan. The Court disposed of the application without addressing the substantive claim or engaging with the proposed payment proposal. Order dated 17.2.2022.
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Court No. - 90
Case :- APPLICATION U/S 482 No. - 3770 of 2022
Applicant :- Utkarsh Arya Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Tarun Jha,Shashank Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of this application under section 482 Cr.P.C., the applicant has invoked the inherent jurisdiction of the this Court to quash the summoning order 16.10.2021 passed by Additional Chief Judicial Magistrate, Court No.5, Bareilly as well as the entire proceedings of Complaint Case No.969 of 2021, Satish Kumar Rastogi Vs. Utkarsh, under Section 138 N.I. Act, Police Station Kotwali, District Bareilly, pending before the Additional Chief Judicial Magistrate, Court No.5, Bareilly.
At the outset, the learned counsel for the applicant submits that he wants to pay back the amount of the dishonoured cheque. The Court may fix sometime so that he may pay the same.
It is said that a cheque of Rs. 1 lakh was dishonoured so if the applicant pays Rs. 50,000/- to the opposite party no.2 within 15 days from today and pays the rest amount due within a period of one month thereafter, the aforesaid proceedings pending before the lower court shall remain stayed against him.
In case of default on the part of the applicant in making the payment within the time given above, the stay granted above shall stand automatically vacated.
The Application under Section 482 Cr.P.C. is disposed of , accordingly.
Order Date :- 17.2.2022 Radhika
Digitally signed by RADHIKA VISHWAKARMA Date: 2022.02.19 13:46:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. seeking quashing of summons in a cheque dishonour case based on a proposed payment plan should be disposed of without setting conditions.
2 provisions across 2 enactments
Utkarsh Arya
State Of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
