Sadan Pal v. State of U.P. and 2 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl No.6)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 17512 of 2024

Applicant :- Sadan Pal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Singh Tomar,Ananya Upadhyay,Rakesh Chandra Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Anish Kumar Gupta,J.

1. Heard Sri Rakesh Chandra Upadhyay, learned counsel for the applicant and Sri Rajeev Kumar Upadhyay, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 31.10.2022 in Criminal Revision No. 38 of 2022 (Sadan Pal vs. Rajendra & Another) arising out of Complaint Case No. 1978 of 2021 (Rajendra Singh and Another vs. Sadan Pal) under Section 138 of the Negotiable Instruments Act, 1881 (in short, ' the N.I. Act '), P.S.- Babugarh, District- Hapur, in the court of learned Judicial Magistrate, Hapur.

3. Learned counsel for the applicant submits that though the cheque in question was given to the father of the opposite party no.2 and the issuance of cheque by the applicant is not denied as the same was given as part payment of the property purchased by the applicant herein from the father of the opposite party no.2 and registered deed was already executed by the father of the opposite parties no.2 and 3 in favour of the applicant. However, learned counsel for the applicant submits the date of cheques were 05.08.2021 and 25.08.2021 and admittedly the father of the opposite parties no.2 and 3 has died on 26.08.2021. Therefore, he submits that the complaint by the successor of the payee of the cheque is not a competent person to file the complaint case under Section 138 of the N.I. Act, after his death. He has relied upon the judgement of the Gujarat High Court in Jyotindra Motibhai Thakkar vs. State of Gujarat , which was decided on 28.04.2017, being Special Criminal Application no. 956 of 2013 . He has also placed reliance upon the judgement of the Apex Court in Milind