Sunil Tomar v. State of U.P. and Another
Negotiable Instruments Act, S.138 – Cheque dishonour
Case brief
What is this about?
Allahabad High Court (Umesh Chandra Sharma, J.), 24.1.2023 — Application U/S 482 No. 38314 of 2022, Sunil Tomar v. State of U.P. and Another: quashing of complaint and summoning order in a Section 138 NI Act cheque-dishonour case declined for want of manifest illegality, jurisdictional error or abuse of process; liberty to compound before the Magistrate per Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663; no coercive steps for five months or till disposal of compromise application; application disposed of.
What did the court decide?
Application disposed of; quashing of the complaint and summoning order declined. Applicant granted liberty to appear before the Magistrate within one month through counsel and seek compounding per Damodar S. Prabhu (supra), failing which the trial proceeds with all defences open; no coercive steps against the applicants for five months or till disposal of the compromise application.