High Court disposed of an application under Section 482 CrPC quashing proceedings under Section 138 NI Act. Court directed the trial court to decide the case in light of Damodar S Prabhu judgment within 03 months.
Order disposed of with direction to trial court to apply Damodar S Prabhu judgment to decide case within 03 months.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 19580 of 2022
Applicant :- Ravendra Kumar Opposite Party :- State Of U.P And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant has prayed to quash the entire proceeding of the complaint case No. 5040 of 2021 (Gaurav Jadaun Vs. Ravendra Kumar) under Section 138 Negotiable Instrument Act, Police Station Govindnagar, District Mathura pending in the court of Prescribed Authority/Additional Court, Mathura as well as summoning order dated 02.05.2022.
During argument, learned counsel for the applicant prayed that his application under Section 482 Cr.P.C. be decided in the light of judgement of Apex Court in Damodar S Prabhu Vs. Sayed Babalal H, 2010 LawSuit (SC) 406.
In view of above statement, the application under Section 482 Cr.P.C. is disposed of with the direction to the trial court that the case of the present applicant be decided in the light of directions issued by the Apex Court in Damodar S Prabhu Vs. Sayed Babalal H, 2010 LawSuit (SC) 406, as early as possible preferably within 03 months of producing the copy of this order.
Order Date :- 3.1.2023 gp
Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should quash the proceedings under Section 138 of the Negotiable Instruments Act and the summoning order in the present case.
Colour shows how this judgement treated each authority
Damodar S Prabhu Vs. Sayed Babalal HExplained¶7
Damodar S Prabhu Vs. Sayed Babalal H, 2010 LawSuit (SC) 406
2 provisions across 2 enactments
Ravendra Kumar
State Of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
