Disposed

Mohammad Waseem Khan v. State of U.P. and 4 Others

Allahabad HC8 Aug 2023A482/17369/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application seeking to quash proceedings under the NI Act for cheque dishonour, the Court held that a prima facie case was made out precluding quashal. The Court granted protection from arrest pending the applicant's surrender and disposal of his bail plea.

What did the court decide?

Protection from arrest for four weeks until surrender; applicant directed to surrender; bail application to be disposed expeditiously.

Mohammad Waseem Khan Vs State of U.P. and 4 Others — Cheque Dishonour | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:159081

¶2

Court No. - 87

¶3

Case :- APPLICATION U/S 482 No. - 17369 of 2023

¶4

Applicant :- Mohammad Waseem Khan Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.

¶5

Hon'ble Neeraj Tiwari,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶7

2.The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 12.10.2021 passed by learned Court of Civil Judge (S.D.)-F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar as entire criminal proceedings of Complaint Case No. 982 of 2020 (Roopmati Vs. Mohd Waseem), under Section 138 of N.I. Act, Police StationBadalpur, District- Gautam Budh Nagar pending before the learned Court of Civil Judge (S.D.)-F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar.

¶8

The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

¶9

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage.

¶10

At this stage, learned counsel for the applicant submitted that applicant is ready to surrender before the trial Court for obtaining bail and for that some protection may be granted to

¶11

him.

¶12

However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another , reported in 2021 SCC Online SC 922.

¶13

For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

¶14

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .

¶15

Order Date :- 8.8.2023 Junaid

¶16

Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad

Mohammad Waseem Khan v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Mohammad Waseem Khan v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vishwajeet Singh Vs State of U.P. and 4 Others

Rahul Yadav Vs State of U.P. and Another

Natthu Kushwaha Vs State of U.P. and Another

Mukesh Singh Chauhan Vs State of U.P. and Another

Rachana Singh Vs State of U.P. and Another

Gyan Singh and Another Vs State of U.P. and Another