The applicant sought to quash summoning proceedings under Section 138 of the Negotiable Instruments Act on the ground that the cheques were not issued in discharge of any liability. The Court held that such contentions constitute a defence to be raised during trial and do not warrant quashing at this stage. The application was rejected.
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Neutral Citation No. - 2024:AHC:170476
Court No. - 79
Case :- APPLICATION U/S 482 No. - 25736 of 2024
Applicant :- Shailendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
cannot be considered at this stage.
Order Date :- 24.10.2024 S.Chaurasia
Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the defence that cheques were not given for discharge of liability is a ground to quash proceedings under Section 138 NI Act at the pre-summoning stage?
2 provisions across 2 enactments
Shailendra Kumar
Shubham Chaurasia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
