Applicant sought quashing of a decade-old cheque-dishonour complaint, claiming he had repaid the cheque amount. The court held that issuance was admitted, triggering rebuttable presumption under Section 139 NI Act to be tested at trial, and dismissed the application while directing expeditious trial completion.
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Neutral Citation No. - 2024:AHC:139646
HIGH COURT OF JUDICATURE AT ALLAHABAD
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(Sl.No. 16)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 21582 of 2024 Applicant :- Mahendra Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
of the Negotiable Instruments Act that the said cheque was issued in discharge of legal liability by the applicant. However, such presumption is a rebuttable presumption which can be rebutted by the applicant during the trial of the case. The instant complaint case filed under Section 138 of N.I. act is pending since 2013 and due to non-cooperation of the applicant, the trial is being delayed. It is further submitted by learned A.G.A. that from the order sheet of the case, it is apparent that the applicant had appeared before the trial court and subsequently, was released on bail and since then he has not cooperated in the trial. In view thereof, no interference is called for in the instant case while exercising jurisdiction under Section 482 Cr.P.C.
Order Date :- 29.8.2024 Kirti
(Anish Kumar Gupta, J.)
Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether Section 482 Cr.P.C. proceedings of a pending Section 138 NI Act complaint should be quashed when the applicant claims the cheque amount was already paid.
Whether presumption under Section 139 NI Act requires rebuttal through trial evidence rather than quashing.
4 provisions across 2 enactments
Mahendra Singh Yadav
State of U.P.
Brij Vilas Shukla
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
