Application under Section 482 CrPC sought quashing of a Section 138 Negotiable Instruments Act complaint because an FIR on the same cheque was already lodged. The court found the FIR concerned threatening and breach of trust while the complaint concerned cheque dishonour, so both could proceed. Application rejected.
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Neutral Citation No. - 2024:AHC:183395
Court No. - 79
Case :- APPLICATION U/S 482 No. - 26813 of 2024
Applicant :- Smt Neha Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Jeet Singh,Ran Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
lodged by the opposite party no.2 against the present applicant as well as two other co-accused persons, it was stated that on presentation of cheque in question before the bank, same was returned by the bank due to insufficiency of fund and when the opposite party no.2 requested the accused persons including the present applicant for payment then they instead of making any payment, had started threatening. Therefore, allegation in the impugned FIR is regarding threatening and breach of trust. However, the impugned complaint is based on bouncing of cheque due to insufficiency of fund and nonpayment of the money despite receiving demand notice.
Order Date :- 23.11.2024 S.Chaurasia
Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a Section 138 NI Act complaint can proceed alongside an FIR under Sections 506 and 406 IPC arising from the same cheque.
Whether the impugned Section 138 proceeding should be quashed as duplicating the FIR allegations.
4 provisions across 3 enactments
Smt Neha Gupta
State of U.P.
Akhlesh (Opposite Party No.2)
Arun Kumar Singh Deshwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
