Application under Section 482 Cr.P.C. to quash proceedings in a Section 138 cheque-dishonour complaint, on grounds that the cheque was obtained by fraud and notice was unserved. Court held these were disputed questions of fact for trial and found no illegality in the summoning order.
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Neutral Citation No. - 2025:AHC:566
Court No. - 77
Case :- APPLICATION U/S 482 No. - 20559 of 2024
Applicant :- Khushbu Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjai Singh Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
Order Date :- 2.1.2025 A.Kr.
Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the complaint proceeding under Section 138 N.I. Act and the summoning order dated 14.12.2021 should be quashed on the applicant's plea that the cheque was obtained by fraud and notice was not
2 provisions across 2 enactments
Khushbu Gupta
State of U.P.
Opposite Party No. 2
Arun Kumar Singh Deshwal
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
