The High Court dismissed the applicant's application seeking quashing of proceedings under Section 138 of the Negotiable Instruments Act, holding that allegations of forgery and lack of liability are questions of fact to be determined during trial. A prima facie case was found to exist based on the complaint and documentary evidence.
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Neutral Citation No. - 2024:AHC:140974
HIGH COURT OF JUDICATURE AT ALLAHABAD
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(Sl.No. 15)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 18649 of 2024
Applicant :- Indra Bahadur Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Kumar,Mahendra Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
in the complaint that the applicant and the opposite party no. 2 were having business relationship with each other and the opposite party no. 2 has supplied the bricks to the applicant and for payment of said bricks, the cheque in question was issued by the applicant which was presented for encashment on 28.11.2018 and dishonored on 28.12.2018 for the reason "funds insufficient". It is further stated in the complaint that thereupon the opposite party no. 2 has talked to the applicant and on the assurance of the applicant, the cheque was again presented for encashment on 18.01.2019, which was again dishonored on 19.01.2019 for the reasons "funds insufficient". Again the applicant reassured the opposite party no. 2 and on such assurance, again the cheque was presented on 27.02.2019 which was again dishonored on 28.02.2019 for the same reason. Subsequent thereto, the legal demand notice dated 26.03.2019 was issued which was served on the applicant. Despite service of notice, the applicant did not comply with the notice, thereupon the instant complaint case was filed by the opposite party no. 2 on 3.05.2019. Learned A.G.A. further submits that from the narration of the complaint, a prima facie case under Section 138 of N.I. Act has been made out against the applicant.
applicant by leading cogent evidence before the trial court during the trial of the case. Since, from the averments made in the complaint, which are supported with the relevant documents, a prima facie case is made out against the applicant, this Court does not think it appropriate to quash the proceedings as prayed by the applicant.
Order Date :- 31.8.2024 Kirti
(Anish Kumar Gupta, J.)
Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the proceedings under Section 138 of the Negotiable Instruments Act, 1881, warrant quashing under Section 482 Cr.P.C. on the ground that the cheque was misused and forged?
2 provisions across 2 enactments
Indra Bahadur Singh
State of U.P.
Anish Kumar Gupta
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
