Rakesh Singh v. Chandanlal Dixit
Case brief
What is this about?
The High Court, entertaining an application under Section 482 CrPC to quash proceedings and grant discharge in a cheque dishonour case, stayed the complaint pending further submissions and directed the filing of counter and rejoinder affidavits.
What did the court decide?
Stayed proceedings in Criminal Complaint No. 000296 of 2015 until further proceedings.
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.
Court No. - 11
Case :- APPLICATION U/S 482 No. - 1807 of 2024
Applicant :- Rakesh Singh Opposite Party :- Chandanlal Dixit Counsel for Applicant :- Ajay Rawat,Nilaya Gupta
Hon'ble Rajesh Singh Chauhan,J.
- Heard Sri Nilaya Gupta, learned counsel for the petitioner.
- Issue notice to sole opposite party returnable at an early date.
- Steps within a week.
- Office to proceed accordingly.
- By means of this petition the petitioners have prayed following relief :
"i. to set aside/quash the order dated 31.07.2023 passed by Special Court N.I. Act. Lucknow in Criminal Complaint No. 0002996 of 2015 (Chandan Lal Dixit Vs. Rakesh Singh) by which the learned trial court dismissed the Discharge Application of the Applicant, Annexure No.1 application to the application.
ii. to allow the Discharge Application dated 27.1.2021 of the Applicant, submitted in the Criminal Complaint No. 0002996 of 2015 (Chandan Lal Dixit Vs. Rakesh Singh), Annexure No.5 to the application.
Issues for consideration
2 issues framed by the court
Whether the High Court should stay the proceedings in the cheque dishonour complaint pending before the trial court.
Whether to interpret the Apex Court observation in Adalat Prasad v. Rooplal Jindal as permitting the discharge application after liberty granted by this Court.
Parties & counsel
- applicant
Rakesh Singh
Coram
Rajesh Singh Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/1807/2024
All orders in this case
9 orders share this CNR
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