Ankit v. State of U.P. and Another
Case brief
What is this about?
The court listed an application under Section 482 Cr.P.C. for quashing a summoning order in a cheque bounce case. The applicant argued the cheque was dishonoured due to signature discrepancy, not insufficient funds. The court issued notice, adjourned, and stayed coercive steps.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl. No. 58)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 13679 of 2024
Applicant :- Ankit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar,Manoj Kumar Tripathi,Vinod Kumar Tirpathi
Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
- Heard Shri Amit Kumar, learned counsel for the applicant and Shri Rajeev Kumar Sonkar, learned A.G.A. for the State.
- The instant application under section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 14.3.2023 passed by the Presiding Officer, Additional Court No. 2, Gautam Budh Nagar in Complaint Case No. 564 of 2023 under section 138 N.I. Act police station Dadri District Gautam Budh Nagar.
- It is submitted by the learned counsel for the applicant that in the entire complaint as well as in the legal notice it has been mentioned that the cheque has been dishonoured for insufficient funds. He has drawn attention of the Court with regard to the return memo by the Bank wherein it is categorically mentioned that the cheque was dishonoured for the reason drawer signature differs. Learned counsel for the applicant therefore submits that the dishonour of the cheque for the aforesaid reason is not covered within the provisions of Section 138 of N.I. Act.
Issues for consideration
3 issues framed by the court
Whether quashing of the summoning order under Section 482 Cr.P.C. is maintainable regarding a cheque dishonoured for signature discrepancy.
Whether Section 138 of the N.I. Act applies to dishonour on the ground of drawer signature difference.
Whether the applicant is to remain under coercive steps pending disposal.
Parties & counsel
- applicant
Ankit
Coram
Anish Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- A482/13679/2024
All orders in this case
2 orders share this CNR
- Order 1 — this page · Deepak Verma
- Order 2 · Deepak Verma
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