Disposed

Ayub @ Mohammad Ayyub v. State of Up ANOther

Allahabad HC5 Jul 2024A482/4570/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of a summoning order and proceedings in a Section 138 NI Act complaint, alleging unauthorised alteration of the cheque amount. Court issued notice to opposite parties, sought counters and rejoinder, and stayed coercive action pending listing.

What did the court decide?

Interim stay: no coercive action against applicant in Complaint Case No.11739 of 2021 until further order.

Ayub @ Mohammad Ayyub vs State of Up ANOther — Cheque Dishonour | Allahabad HC (2024)

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(Sl.No.13)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 4570 of 2024

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Applicant :- Ayub @ Mohammad Ayyub Opposite Party :- State Of Up Another Counsel for Applicant :- Mohd. Samiuzzaman Khan,Sayed Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Supplementary affidavit filed on behalf of applicant today in Court is taken on record.

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Heard Sri Mohd.Samiuzzaman Khan, learned counsel for the applicant and Sri Shoeb Khan, learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 25.7.2022 as well as entire proceedings of Complaint Case No.11739 of 2021 (Abdullah vs. Ayub) under Section 138 Negotiable Instruments Act, 1881, Police Station-Massuri, District-Ghaziabad, pending in the court of Civil Judge (JD)/Fast Track Court, Judicial Magistrate, Ghaziabad.

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Learned counsel for the applicant submits that in the instant case, the applicant has issued the cheque amounting to Rs.1,12,000/-, however, the opposite party No.2 has made alteration in the cheque and the cheque of 1,12,000/- has been altered as cheque of Rs.11,12,000/- and as per the dishonour memo of the bank, the cheque has been dishonoured for the reason that there is difference in the words and figures of the amount referred in the cheque and the cheque irregularly drawn, which substantiate the submission of learned counsel for the applicant that the alteration was made by the opposite party No.2 with dishonest intention. Learned counsel for the applicant further submits that the alterations in the cheque were made unauthorizedly, which could also be seen from the alterations made in the cheque, photocopy of which has been filed as Annexure-SA1 to the supplementary affidavit filed today.

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In view thereof, the matter requires consideration.

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Issue notice to the opposite parties.

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Learned A.G.A. accepts notice on behalf of the State.

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Opposite parties shall file counter affidavit within a period of four weeks.

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Applicant shall have two weeks' thereafter to file rejoinder affidavit.

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Put up on 15.9.2024 in additional cause list before the appropriate Bench.

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Till then, no coercive action shall be taken against the applicant in pursuance of Complaint Case No.11739 of 2021 (Abdullah vs. Ayub) under Section 138 Negotiable Instruments Act, 1881, Police Station-Massuri, District-Ghaziabad, pending in the court of Civil Judge (JD)/Fast Track Court, Judicial Magistrate, Ghaziabad.

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Order Date :- 5.8.2024 LN Tripathi

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(Anish Kumar Gupta,J.)

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Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

Ayub @ Mohammad Ayyub v. State of Up ANOther

Case brief

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Ayub @ Mohammad Ayyub v. State of Up ANOther

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