Disposed

Laxman Prajapati v. State of U.P. and Another

Allahabad HC4 Jul 2024A482/16996/2024

Case brief

AI extract

What is this about?

The Allahabad High Court considered an application under Section 482 Cr.P.C. seeking quashing of proceedings in a cheque dispute. The applicant alleged a discrepancy between the affidavit supporting the complaint and the cheques annexed to the application. Finding the cheques were identical to those in the complaint, the court allowed the applicant to bring the discrepancy to the trial court's not

What did the court decide?

The application for quashing of proceedings is disposed of without substantive interference; the applicant is directed to bring the discrepancy regarding cheque numbers and amounts to the notice of th

Laxman Prajapati vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:130187

¶2

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶3

(SN.25)

¶4

Court No. - 79

¶5

Case :- APPLICATION U/S 482 No. - 16996 of 2024

¶6

Applicant :- Laxman Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Rai,Viveka Nand Rai Counsel for Opposite Party :- G.A.

¶7

Hon'ble Anish Kumar Gupta,J.

¶8

Heard Shri Viveka Nand Rai, learned counsel for the applicant and Shri Sandeep Choudhary, learned A.G.A. for the State.

¶9

Supplementary affidavit filed today in the court is taken on record.

¶10

The instant application under section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case N. 5279 of 2022 (Pawan Pandey Vs. Laxman Prajapati) under section 138 of the Negotiable Instruments Act police station Devgaon District Azamgarh pending in the court of Addl. Chief Judicial Magistrate, Court no. 1, Azamgarh as well as the summoning order dated 4.8.2023.

¶11

Learned counsel for the applicant submit that though the description of the cheques in question and the amounts have been correctly mentioned in the complaint filed by the opposite party no. 2 under section 138 of the N.I. Act as well as in the summoning order, however, the affidavit which has been allegedly filed in support of the complaint, that pertains to some other cheques and for some other amounts. He therefore submits that the impugned summoning order has been passed by the concerned Magistrate without application of mind.

¶12

The certified copy of the affidavit filed in support of the Complaint case no. 5279 of 2022 has been filed which pertains to cheques no. 995 and 994 for the amount of Rs.10 lakhs and Rs. 5 lakhs respectively whereas in the instant case the number of cheques in question are 996 and 997 for the amount of Rs.25 lakhs and Rs. 15 lakhs respectively. From perusal of the photo copy of the cheques which have been annexed alongwith the memo of the

¶13

instant application it is apparent that the said cheques are the same which have been referred in the instant complaint case, therefore, this Court do not find any good reason to interfere with the matter.

¶14

However, it is open for the applicant herein to bring the aforesaid facts to the notice of the trial court so that the corrective measures can be taken by the trial court.

¶15

With the aforesaid observations the instant application is disposed of.

¶16

Order Date :- 12.8.2024 o.k.

¶17

(Anish Kumar Gupta,J.)

¶18

Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad

Laxman Prajapati v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Laxman Prajapati v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ravindra and Anothers vs State of Up and Another

M/S Kgn Inter Prizes Prof Samsa Khatoon vs State of U.P. and Another

Anamika Singh vs State of U.P. and Another

Saif Salim Khan vs State of Up and 3 Others

Pankaj Kumar and 4 Others vs State of U.P. and Another

Indarpal vs State of U.P. and Another