Disposed

Hambir Singh v. State of U.P. and Another

Allahabad HC24 Feb 2023A482/3483/2023

Case brief

AI extract

What is this about?

Single-judge Allahabad High Court suppressed an application under Section 482 Cr.P.C. seeking quashing of an order and instead directed the lower court to decide the pending trial expeditiously within four months, acknowledging potential issue estoppel in related cheque fraud and dishour proceedings.

What did the court decide?

Application suppressed; direction to lower court to decide trial within four months; application otherwise disposed of.

Hambir Singh Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 3483 of 2023

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Applicant :- Hambir Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gagan Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned Counsel for the applicants and learned A.G.A for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of order dated 13.12.2022 passed by Chief Judicial Magistrate, Agra in Case No.214 of 2022, State Vs. Suresh Kumar and others, arising out of Case Crime No.42 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station Khandauli, District Agra.

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Learned counsel for the applicant tried to argue that the cheque in dispute was interpolated and thereafter, presented for encashment, which was dishonoured. Although the cheque was of Rs.1 lac, however, by interpolation it was made of Rs.11 lacs and as such the first information report was lodged by the applicant under Section 420, 467, 468, 471 I.P.C. on 25.1.2022. On the aforesaid, investigation was conducted and a report of Forensic Science Laboratory has been received. The opposite party no.2 has been charge sheeted and the trial is going on. Meanwhile, the opposite party no.2 has also filed criminal complaint against the applicant under Section 138 N.I. Act, which is a separate case and is going on before another court.

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He submits that in the aforesaid case there is a direction for deciding the case in a time bound manner. The application was filed by the applicant for hearing both the cases together as the issue involved in both the cases are with regard to the validity of the cheque and whether the interpolation has been made or not.

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On a pointed query being made to the learned counsel for the applicant that once a finding is recorded in one case whether the same would be binding on the another proceedings, learned counsel for the applicant does not dispute the position of law that once a finding is recorded between the parties, then principle of

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issue estoppel will arise.

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At this stage, learned counsel for the applicant submits that the trial in the present criminal proceedings may be directed to be decided expeditiously as the evidence with regard to the validity of the cheque is available in the present proceedings.

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Learned A.G.A. submits that he would have no objection in case the trial of the aforesaid proceedings are decided expeditiously.

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Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, it is hereby directed that the court concerned shall proceed with the case and shall decide the same without granting unnecessary adjournment by fixing short dates within a period of four months from the date of production of a certified copy of this order.

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Subject to the aforesaid observation/direction, this application stands disposed of.

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Order Date :- 24.2.2023 Bhaskar

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Hambir Singh v. State of U.P. and Another

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Hambir Singh v. State of U.P. and Another

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