Applicant sought quashing of Section 138 NI Act complaint proceedings and summons, contending the legal notice was sent in 2023. The Court found the registry receipt dated 15.11.2022 corroborated the notice date and Section 139 presumption applied, so no case for interference was made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:110367
HIGH COURT OF JUDICATURE AT ALLAHABAD
*********
(Sl.No.21)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 6100 of 2024
Applicant :- Rajeev Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santoosh Kumar Dwivedi Counsel for Opposite Party :- Anand Priya Singh,G.A.
Hon'ble Anish Kumar Gupta,J.
complaint by the opposite party no. 2. Therefore, in the considered opinion of this Court, the registry receipt dated 15.11.2022 is in consonance with the complaint, therefore, the objection raised by the applicant in this regard is not sustainable. Further in para 8 of the instant application, the applicant has admitted that he has issued the cheque no. 000088 for an amount of Rs. 3,25,000/- in favour of opposite party no. 2 which was dishonored and the legal notice was issued to the applicant on 15.11.2022 and after completing the formalities, the instant complaint case was filed. Therefore, in view of the presumption under Section 139 of Negotiable Instruments Act, prima facie a case against the applicant has been made out under Section 138 of Negotiable Instruments Act.
Order Date :- 8.7.2024 Kirti
(Anish Kumar Gupta, J.)
Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the complaint under Section 138 NI Act and summoning order could be quashed on the ground that the legal notice was allegedly sent in 2023 and not 15.11.2022.
3 provisions across 2 enactments
Rajeev Kumar Srivastava
State of U.P.
Lallan Yadav
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
