Application under Section 482 Cr.P.C. sought quashing of summons in a cheque dishonour case due to claim of lost cheques book. Court dismissed application as GD did not specify cheque number, leaving factual inquiry for trial court.
The application seeking quashing of the summoning order and entire proceedings was dismissed.
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Neutral Citation No. - 2024:AHC:162775
HIGH COURT OF JUDICATURE AT ALLAHABAD
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(Sl.No. 3)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 19038 of 2024
Applicant :- Smt. Pragati Kapoor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Komal Mehrotra Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
only general information has been given that the cheque book has been lost. Whether the cheque in question was the same cheque which was lost by the applicant cannot be deciphered from the aforesaid intimation given by the applicant to the police. However, from the allegations made in the complaint, a prima facie case has been made out against the applicant as the signatures on the cheque are not disputed by the applicant, therefore, a presumption under Section 139 of the N.I. Act shall be drawn against the applicant, therefore, merely on such averments made by learned counsel for the applicant, the proceedings cannot be quashed. It is for the applicant to establish that the said cheque in question was actually lost and was not issued by the applicant in discharge of any liability on his part, which can be done by the applicant before the trial court by leading cogent evident. Therefore, learned A.G.A. submits that no interference is called for in the instant matter while exercising jurisdiction under Section 482 Cr.P.C.
cheque in question was issued by the applicant in discharge of his liability. Therefore, this Court does not find any good reason to entertain the instant application and the same is accordingly, dismissed .
Order Date :- 4.10.2024 Kirti
(Anish Kumar Gupta, J.)
Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether proceedings for cheque dishonour can be quashed under Section 482 Cr.P.C. solely on the basis of a general police intimation regarding a lost cheques book.
Whether the non-specificity of a GD entry regarding a lost cheque negates the presumption under Section 139 N.I. Act for the purpose of quashing.
Whether a prima facie case exists in the complaint to justify summons for trial despite allegations of cheque loss.
3 provisions across 2 enactments
Smt. Pragati Kapoor
State of U.P.
Sunny Raina
Anish Kumar Gupta
As recorded by the court registry
3 orders share this CNR
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