Dismissed

Awantika Medicare Centre through Its Proprietor Manoj Kumar v. State of U.P. and Another

Allahabad HC13 Mar 2023A482/43238/2022

Case brief

AI extract

What is this about?

The High Court determined whether the lower court was justified in rejecting the applicant's application to examine the bank employee regarding a cheque. Finding no prima-facie illegality, the Court dismissed the application.

What did the court decide?

The prayer for setting aside the impugned order was refused and the application under section 482 Cr.P.C. was dismissed.

Awantika Medicare Centre through Its Proprietor Manoj… — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 43238 of 2022

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Applicant :- Awantika Medicare Centre Through Its Proprietor Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Omar Zamin, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

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The present application has been filed by the applicant assailing the legality and validity of the order dated 02.11.2022 passed by learned Additional Court Room No. 1, Gautam Buddh Nagar in Complaint Case No. 946 of 2022 (Indraj Vs. Dr. Awantika), under section 138 Negotiable Instrument Act, 1881, Police Station Kasna, District Gautam Buddh Nagar vide which the application regarding examination of one Prashant, the bank employee, regarding the cheque has been rejected.

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Learned counsel for the applicant submits that as per section 87 of the N.I. Act he should have been given an opportunity of examination of Bank Employee namely Prashant in case there is any material alteration in the cheque. The concerned court without giving opportunity on the issue as provided under section 87 of N.I. Act has rejected the application in a mechanical manner, therefore, the order dated 02.11.2022 passed by concerned Court is bad in the eyes of law and may be set aside.

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Learned A.G.A. for the State on the other hand submits that there is no illegality or infirmity in the aforesaid order and the Court concerned has rightly rejected the application of the applicant as

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from the statements of CW-1 and DW-1 namely Raj and Manoj respectively it appears that there is no over writing in the cheque and they have already been examined, therefore, there is no requirement of examination of bank employee.

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This Court is of the opinion that prima-facie, the concerned court below has not committed any illegality in rejecting the application of the applicant. There is no illegality or infirmity in the impugned order dated 02.11.2022 passed by the concerned court below.

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In view of the above, the aforesaid prayer as made by learned counsel for the applicant for setting aside the order impugned is refused and the application u/s 482 Cr.P.C. is dismissed accordingly.

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Order Date :- 13.3.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Awantika Medicare Centre through Its Proprietor Manoj Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Awantika Medicare Centre through Its Proprietor Manoj Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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