Disposed

Rajeev Kumar Mishra v. State of U.P. Thru. Addl.Chief Secy. Home Lko. and Another

Allahabad HC17 Jan 2024/11616/2023

Case brief

AI extract

What is this about?

In an application to quash Section 138 NI Act proceedings, the High Court directed the applicant to deposit half the cheque amount. Upon deposit, he could file for compounding, allowing the case to proceed against the other partner.

What did the court decide?

Direction to deposit half the cheque amount; upon deposit, applicant to move for compounding; no coercive action for one month.

Rajeev Kumar Mishra Vs State of U.P. Thru. Addl.Chief… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 11616 of 2023

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Applicant :- Rajeev Kumar Mishra Opposite Party :- State Of U.P. Thru. Addl.Chief Secy. Home Lko. And Another

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Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A., Ashish Chaturvedi

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned AGA for the State.

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Present application u/s 482 Cr.P.C. has been filed for quashing the entire proceeding as well as summoning order dated 26.04.2023 passed by Additional Court No.6 (N.I. Act), Lucknow in Complaint Case No.5190 of 2022, under Section 138 Negotiable Instrument Act, Police Station Hasanganj, District Lucknow.

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Learned counsel for the applicant submits that cheque in question was issued by two partners and applicant is one of the partner. There is also agreement between the partners that liability should be borne by another partner Sumit Kumar. However, justify to his bonafide, learned counsel for the applicant submits that he is ready to pay half of the cheque amount.

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Learned counsel for the opposite part no.2 has no objection.

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Considering the aforesaid facts and circumstances, the applicant is directed to deposit half of the cheque amount before the court below within a period of two weeks through counsel. On deposit of the aforesaid amount, the applicant will also move an application for compounding of offence before the court below. In case, such an application is filed after deposition of the aforesaid cheque amount, the court below shall consider the application of the applicant in accordance with law. It is further provided that this order is being passed with consent of learned counsel for the opposite party no.2 subject to condition that he is free to proceed this case against another partner (co-accused).

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For a period of one month from today or till disposal of the application of the applicant, whichever is earlier, no coercive action shall be taken against the applicant.

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With the aforesaid observation, the application is disposed of .

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Order Date :- 17.1.2024 A.Kr*

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Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rajeev Kumar Mishra v. State of U.P. Thru. Addl.Chief Secy. Home Lko. and Another

Case brief

What is this about?

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Rajeev Kumar Mishra v. State of U.P. Thru. Addl.Chief Secy. Home Lko. and Another

Case brief

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