The High Court rejected the applicant's application under Section 482 Cr.P.C. seeking to quash a summoning order in a cheque dishonour case. The court held that disputes regarding the origin of the cheque and fiduciary relationship are matters for trial and do not warrant quashing the proceedings at the threshold.
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Neutral Citation No. - 2024:AHC:189861
Court No. - 79
Case :- APPLICATION U/S 482 No. - 21747 of 2024
Applicant :- Ajay Chandani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Pratap Singh,Rishi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
the impugned complaint, there is sufficient evidence to issue process against the applicant.
Order Date :- 4.12.2024 S.Chaurasia
Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the summoning order under Section 138 of the Negotiable Instruments Act is liable to be quashed?
Whether the cheque was issued for the discharge of a legally enforceable debt or was taken by taking advantage of a fiduciary relationship?
1 provisions across 1 enactments
Ajay Chandani
Arun Kumar Singh Deshwal
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
