The Single Bench of the High Court of Allahabad rejected an application under Section 482 Cr.P.C. to quash proceedings under Section 138 of the Negotiable Instruments Act, 1881, finding the applicant's claim of forcible cheque taking factually distinct from previous Supreme Court precedent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:176803
Court No. - 79
Case :- APPLICATION U/S 482 No. - 22455 of 2024
Applicant :- Shaili Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rehan Waris Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
subsequently cheque was presented and same was returned with the endorsement 'payment stopped' then no liability u/s 138 of the Act, 1881 will be attracted.
Order Date :- 12.11.2024 S.Chaurasia
Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant can ground for quashing proceedings under Section 138 of the Negotiable Instruments Act by alleging the cheque was forcibly taken to create a defense against the reversal of paym
Whether a disputed question of fact regarding the forcible taking of a cheque can be a ground to quash criminal proceedings.
Colour shows how this judgement treated each authority
Raj Kumar Khurana Vs. State of (NCT of Delhi) & AnrDistinguished¶9
Raj Kumar Khurana Vs. State of (NCT of Delhi) & Anr in Criminal Appeal No.913 of 2009
1 provisions across 1 enactments
Shaili Verma
State of U.P.
Arun Kumar Singh Deshwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
