Remanded

Chhote Passwan v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Allahabad HC24 Jan 2024A482/520/2024

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. to quash a summoning order in a Section 138 cheque dishonour case. The court stayed the summoning order, directed notice to the opposite party, and mandated filing of counter and rejoinder affidavits before listing.

What did the court decide?

Summons order stayed; notice issued; counter affidavit to be filed within six weeks; rejoinder within three weeks thereafter; listed for first week of April 2024.

Chhote Passwan vs State of U.P. Thru. Prin. Secy. Deptt… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 520 of 2024

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Applicant :- Chhote Passwan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Vijyant Nigam,Ashish Kumar Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Vijyant Nigam, learned counsel for the petitioner and Sri Aniruddh Kumar Singh, learned AGA for the State.

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Issue notice to opposite party no.2.

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Steps be taken within a week.

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Office to proceed accordingly.

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This petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to quash the summoning order dated 06.10.2022 (Annexure no. 1), its consequential proceedings in Criminal Complaint No. 58261 of 2022; Abhishek Kumar Soni Vs. Chhote Passwan, District Lucknow under Section 138 of N.I. Act (Annexure No. 10), pending before Additional Court Room No. 3, Lucknow.

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Learned counsel for the petitioner has submitted that opposite party no. 2 is a habitually fraud person as he has cheated so many persons including the present petitioner in the name of providing loan. The petitioner has himself lodged an FIR against opposite party no. 2 bearing FIR No. 0371 of 2021, under Sections 420, 406, 342, 323, 504, 506 IPC and Section 3(1)(r), 3(1)(s) of SC/ST Act, 1989, Police Station Naubasta, District Kanpur Shahar, wherein chargesheet has been filed against him. In the name of providing loan, opposite party no. 2 has taken the blank cheque from the petitioner who is a very poor person and so as to harass the petitioner, he has filed the present case against the petitioner before the trial court in respect of a cheque of Rs. 10 lacs. In such complaint, no specific purpose has been indicated as to why the petitioner has given a cheque of Rs. 10 lacs to opposite party no. 2 but the learned trial court without verifying that fact and without perusing the material available on record, passed the impugned order dated 06.10.2023 thereby summoning the petitioner under Section 138 of the N.I. Act.

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Learned counsel for the petitioner has also stated that opposite party no. 2 has not only cheated the petitioner who is a

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poor person but also the other poor persons in a same manner.

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The matter requires consideration.

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Let counter affidavit be filed within a period of six weeks.

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Rejoinder affidavit, if any, may be filed within a period of three weeks thereafter.

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List in the first week of April, 2024.

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Till the next date of listing, further proceedings of summoning order dated 06.10.2022 (Annexure no. 1), its consequential proceedings in Criminal Complaint No. 58261 of 2022; Abhishek Kumar Soni Vs. Chhote Passwan, District Lucknow under Section 138 of N.I. Act (Annexure No. 10), pending before Additional Court Room No. 3, Lucknow, shall remain stayed.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 24.1.2024 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Chhote Passwan v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

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Chhote Passwan v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

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