Application under Section 482 Cr.P.C. to quash a Section 138 Negotiable Instruments Act complaint and summoning order concerning five bounced cheques. The High Court found no illegality in the proceedings, held the applicant's contentions were disputed questions of fact for trial, and rejected the application.
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Neutral Citation No. - 2024:AHC:194448
Court No. - 79
Case :- APPLICATION U/S 482 No. - 19075 of 2024
Applicant :- Mes Enterprises Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Singh Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
parties and on perusal of record, it appears that after bouncing of five cheques for Rs.17 lakhs, demand notice was sent to the applicant on 27.02.2023 which was received by the applicant on 02.03.2023 and, thereafter, the complaint was filed on 31.03.2023. Therefore, there is no illegality in the impugned proceeding and the contention raised by learned counsel for the applicant is disputed questions of fact that can be raised by him during trial.
Order Date :- 12.12.2024 S.Chaurasia
Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad
1 issue framed by the court
Whether proceedings under Section 138 NI Act and the summoning order should be quashed on the contention that the cheque was not issued in discharge of any liability.
2 provisions across 2 enactments
Mes Enterprises
State of U.P.
Gulam Gaus
Arun Kumar Singh Deshwal
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
