The Court dismissed the application seeking quashing of proceedings under Section 138 NI Act. The plea of missing cheque was found to be a disputed question of fact and a defense to be raised during trial, not at the quashing stage.
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Neutral Citation No. - 2024:AHC:179247
Court No. - 79
Case :- APPLICATION U/S 482 No. - 27068 of 2024 Applicant :- Vinod Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
Order Date :- 14.11.2024 Vandana
Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad
2 issues framed by the court
Whether the quashing of criminal proceedings under Section 138 NI Act is warranted based on the claim of a missing cheque?
Whether the disputed question of fact regarding the missing cheque can be examined at the quashing stage?
2 provisions across 2 enactments
Vinod
Arun Kumar Singh Deshwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
