The High Court in Allahabad dismissed an application under Section 482 Cr.P.C. seeking quashing of Section 138 NI Act proceedings. The Court held that the lockdown exemption validated the demand notice timing and a prima facie case existed.
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Neutral Citation No. - 2024:AHC:126701
HIGH COURT OF JUDICATURE AT ALLAHABAD
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(Sl.No. 24)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 8143 of 2024
Applicant :- Amit Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Kushwaha,Ashutosh Kumar Saroj Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
the lock down prevailing in the country, therefore, there is no illegality. Therefore, on that ground the complaint under Section 138 N.I. Act cannot be quashed.
Order Date :- 5.8.2024 Kirti
(Anish Kumar Gupta, J.)
Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether a prima facie offence under Section 138 NI Act is made out when the demand notice was issued after the statutory limitation period due to the nationwide pandemic lockdown.
Whether the applicant is entitled to quash the summons order under Section 482 Cr.P.C. given the debt proof and dishonour of the cheque.
Whether the delay in issuing the legal notice caused by the lockdown exemption extends beyond the court's jurisdiction to quash proceedings.
3 provisions across 2 enactments
Amit Kumar Srivastava
State of U.P.
Anish Kumar Gupta
Kirti
As recorded by the court registry
2 orders share this CNR
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