Application for quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, based on an allegation that the cheque was stolen and misused. The Court held that this allegation is a disputed question of fact to be tried and cannot be a ground for quashing proceedings.
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Neutral Citation No. - 2024:AHC:186585
Court No. - 79
Case :- APPLICATION U/S 482 No. - 17846 of 2024
Applicant :- Kuldeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devid Kumar Singh,Prateek Rai,Satya Prakash Rai Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
Order Date :- 27.11.2024 Vandana
Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad
2 issues framed by the court
Whether the plea that the cheque was stolen and used by the opposite party constitutes a ground to quash proceedings under Section 138 of the Negotiable Instruments Act.
Whether a disputed question of fact regarding the issuance and consideration of a stolen cheque is decidable at the stage of an application under Section 482 CrPC.
1 provisions across 1 enactments
Kuldeep Kumar
State of U.P.
Arun Kumar Singh Deshwal
Vandana Gautam
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
