Applicant sought quashing of a Section 138 NI Act complaint, alleging the cheque was forcibly obtained and an FIR lodged. The court found an admitted liability and held the presumption under Section 139 NI Act applies; quashing was premature and the application lacked merit.
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Neutral Citation No. - 2024:AHC:113924
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl.No.23)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 18453 of 2024 Applicant :- Shashikant Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Bhushan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
cheque for Rs. 5,00,000/- was issued by the applicant on 12.04.2022, which was dishonoured on 20.04.2022 and the same day when the cheque was dishonoured, the applicant herein lodged the FIR with categorical intention to create a confusion in the case and a complaint is lodged under Section 138 of the Negotiable Instrument Act by the opposite party no.2 against him. Since there was admittedly a liability of Rs. 4,00,000/- on the applicant, against which he has issued a cheque of Rs. 5,00,000, therefore, prima facie it cannot be said that no case under Section 138 of Negotiable instrument Act has been made out.
Order Date :- 16.7.2024 Ashish Pd.
(Anish Kumar Gupta,J.)
Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether a Section 138 NI Act complaint should be quashed where the applicant alleges the cheque was forcibly obtained and has lodged an FIR.
3 provisions across 2 enactments
Shashikant Pandey
State of U.P.
Dileep Kumar Mishra
Anish Kumar Gupta
As recorded by the court registry
2 orders share this CNR
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