Vikash Kumar Pandey v. State of U.P. and Another
Case brief
What is this about?
Application under Section 482 Cr.P.C. to quash summoning order and proceedings in a case involving alleged cheating and dishonour of cheques. Court found bank statements indicated cheques were deposited into applicant's account, not issued by him, thus rejecting the application for quashing.
What the court decided
Court No. - 64
Case :- APPLICATION U/S 482 No. - 38646 of 2022
Applicant :- Vikash Kumar Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
- Heard learned counsel for the applicant and learned A.G.A. for the State.
- The present 482 Cr.P.C. application has been filed to quash the summoning order dated 08.08.2022 as well as the entire proceedings of Case No. 4624 of 2022 (Ajit Kumar Pandey Vs. Vikash Kumar Pandey), under Sections - 323, 504, 506, 419, 420, I.P.C., Police Station - Pannuganj, District - Sonebhadra, pending in the court of learned Judicial Magistrate, Sonebhadra.
- Submission is, the applicant and the opposite party no. 2 were both employed at the Fuel Refilling Station( Maa Sharda Filling Station). There are some other disputes between them. No transaction as alleged ever took place.
4. Prima facie, perusal of the bank statement relied upon by learned counsel for the applicant suggests that the two cheques with respect to which the complaint has been lodged, were not issued by the applicant. Plainly, those cheques were deposited in account of the applicant giving rise to credit entries of the Rs. 1 lakh and 2 lakhs. The fact that similar amounts may have been transferred by the applicant to other payees, Maa Sharda Filling Station and Kishan Seva Kendra cannot be relied at this stage to quash the criminal prosecution.
Issues for consideration
2 issues framed by the court
Whether the High Court should quash the summoning order and criminal proceedings given the prima facie evidence that the cheques in question did not originate from the applicant.
Whether the existence of other disputes and lack of transaction between the parties warrant quashing the prosecution under Section 482 Cr.P.C.
Parties & counsel
- applicant
Vikash Kumar Pandey
- respondent
State Of U.P.
Coram
Saumitra Dayal Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/38646/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court