Udit Kumar Nagar Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

Udit Kumar Nagar Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of conditionally: if the applicant deposits Rs. One Lakh (double the Rs. 50,000 cheque amount) within two weeks before the trial court by Demand Draft in favour of opposite party no. 2, the trial court shall compound the Section 138 offence; on default, the application stands deemed dismissed with a cost of Rs. 50,000/- recoverable with coercive steps.

Issue for consideration

Whether the instant application, being a second application under Section 482 Cr.P.C. for the same relief (quashing of proceedings in Criminal Case No. 136 of 2012 and the NBW order dated 10.06.2016), is liable to be dismissed. +1 more

Court's answer

In the Court's considered opinion the instant application deserved to be dismissed on the ground alone that it is a second application for the same relief; however, in view of the applicant's offer to deposit double the cheque amount, the Court disposed of the application with a compounding direction instead of outright dismissal.

Ratio / Principle

Since the offence under Section 138 N.I. Act is compoundable, the instant application is disposed of with a direction that the applicant deposit Rs. One Lakh (double the cheque amount) within two weeks from the date of the order before the trial court by way of a Demand Draft in favour of opposite party no. 2.

Key takeaways

Upon such deposit of Rs. One Lakh within the stipulated period, the trial court shall proceed to compound the offence under Section 138 N.I. Act.ratio¶¶16
If the applicant fails to deposit the aforesaid amount within the stipulated period, the instant application, being the second application for the same relief, shall stand deemed dismissed with a cost of Rs. 50,000/-, recoverable from the applicant by taking all coercive steps in accordance with law.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Anish Kumar Gupta, J.; order dated 23.7.2024) disposed of a second application under Section 482 Cr.P.C. by Udit Kumar Nagar seeking quashing of the entire proceedings of Criminal Case No. 136 of 2012 (Section 138 NI Act, P.S. Shahganj, District Agra) and the order dated 10.06.2016 issuing a non-bailable warrant. The Court opined the application deserved dismissal on the sole ground that it was a second application for the same relief — an earlier Application U/S 482 No. 36113 of 2015 had been dismissed on merits on 25.4.2016 after interim protection granted on 8.1.2016 lapsed on the applicant's failure to pay — but, since the offence under Section 138 N.I. Act is compoundable, directed that if the applicant deposits Rs. One Lakh (double the Rs. 50,000 cheque amount) within two weeks before the trial court by Demand Draft in favour of opposite party no. 2, the trial court shall compound the offence; failing the deposit, the application is deemed dismissed with a cost of Rs. 50,000/- recoverable with coercive steps in accordance with law.

Neutral Citation No. - 2024:AHC:116849

HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl.No.11)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 11504 of 2024

Applicant :- Udit Kumar Nagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A.

Hon'ble Anish Kumar Gupta,J.

Heard Sri Javed Alam, Advocate holding brief of Sri Firoz Ahmad Khan, learned counsel for the applicant and Mohd. Shoib Khan, learned A.G.A. for the State.

The instant application under Section 482 Cr.P.C. has been filed by the applicant seeking quashing of the entire proceedings of Criminal Case No. 136 of 2012 under Section 138 of Negotiable Instruments Act, 1881, Police Station-Shahganj, District Agra as well as order dated 10.06.2016 whereby non-bailable warrant has been issued against the applicant.

At the outset, learned counsel for the applicant submits that the applicant is ready and willing to deposit Rs. 1 lakh within two weeks from today to compound the aforesaid offence.

Learned A.G.A. points out that earlier an application under Section 482 Cr.P.C. was filed by the applicant being Application U/S 482 No. 36113 of 2015 (Udit Kumar Nagar vs. State of U.P. and Another) and on the similar request of the applicant that he will prepare a demand draft of Rs. 50,000/- in the name of opposite party no. 2 within two weeks, the Court vide order dated 8.1.2016 granted interim protection to the applicant. However, the applicant failed to do so. Thereupon, subsequently, the said application was dismissed on merits on 25.4.2016. The instant complaint case under Section 138 N.I. Act is pending since 2012 for a meagre amount of Rs. 50,000/- and the complainant is suffering since last 12 years due to the non-cooperation of the

applicant herein and therefore, non-bailable warrants have already been issued multiple times against the applicant herein, therefore, no interference is called for in the instant applicant and the same is liable to be dismissed being the second application for the same relief.

Having heard the rival submissions made by learned counsel for the parties, this Court has gone through the record of the case.

Prima facie this is the second application on behalf of the applicants for the same relief, therefore in the considered opinion of this court the instant application otherwise deserves to be dismissed on this ground alone, however, since a submission is being made by learned counsel for the applicant that the applicant is ready and willing to deposit double the cheque amount i.e. Rs. 1 lakh within a period of two weeks from today. In view thereof and since the offence under Section 138 N.I. Act is compoundable, the instant application is disposed of with a direction that if the applicant herein deposits the aforesaid sum of Rs. One Lakh being double of the cheque amount within two weeks from today before the trial court by way of a Demand Draft in favour of the opposite party no. 2, the trial court shall proceed to compound the offence.

It is further directed that if the applicant fails to deposit the aforesaid amount within the stipulated period, the instant application being the second application for the same relief shall be deemed to have been dismissed with a cost of Rs. 50,000/-, which shall be recovered from the applicant taking all coercive steps against the applicant in accordance with law.

Order Date :- 23.7.2024 Kirti

(Anish Kumar Gupta, J.)

Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad