This court dismissed an application under Section 482 Cr.P.C. seeking quashing of a summoning order in a Section 138 N.I. Act complaint. The court held there were no material contradictions between the complaint and the complainant's statement, and the issuance of cheques was not denied, thus no good ground existed for quashing.
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Neutral Citation No. - 2024:AHC:144434
**HIGH COURT OF JUDICATURE AT ALLAHABAD ********
Court No. - 79
Case :- APPLICATION U/S 482 No. - 24172 of 2024
Applicant :- Pooja Chaddha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayyaz Khan,Vivek Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
required to return the said amount to the opposite party No.2. When she demanded the money, two cheques amounting to Rs.1,40,000/- each were issued by the applicant herein and a card issued with regard to deposit were also taken back and it is also alleged that the applicant herein has failed to make the payment of the amount deposited by the opposite party No.2. Therefore, from the perusal of the both the versions, it is apparent that there was some amount advanced by the opposite party No.2 and repayment thereof, the cheques were issued by the applicant herein, which were dishonoured. Therefore, with regard to the issuance of cheques and dishonour thereof and the advancement of the money to the applicant, there is no material contradictions. After the cheques were dishonoured, the legal demand notice was issued and when the applicant failed to comply with the said notice within the notice period, the instant complaint under Section 138 of the N.I. Act has been filed by the opposite party No.2.
Order Date :- 5.9.2024 LN Tripathi
(Anish Kumar Gupta,J.)
Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether Section 482 Cr.P.C. application seeks quashing of summoning order in a cheque bouncing case.
Whether the court finds any contradictions between complaint and Section 161 Cr.P.C. statement or any ground to grant quashing.
2 provisions across 2 enactments
Pooja Chaddha
State of U.P.
Smt. Sangeeta
Anish Kumar Gupta
Lalit Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
