Dismissed¶11

Nawab Khan v. State of U.P. and Another

Allahabad HC3 Jan 2025A482/39040/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Neutral Citation 2025:AHC:1730, Application U/S 482 No. 39040 of 2024 (decided 3.1.2025) by Arun Kumar Singh Deshwal, J. Nawab Khan v. State of U.P. and Another: application under Section 482 Cr.P.C. to quash order dated 11.11.2022 and proceedings in Complaint Case No.4293 of 2022 under Section 138 N.I. Act and order dated 10.07.2024 in Criminal Revision No.583 of 2023 dismissed; parallel FIR under Sections 506, 452, 406, 420 IPC on same allegations held not a ground for quashing cheque-bounce prosecution; liberty granted to seek compounding per Damodar S. Prabhu v. Syed Babalal H, (2010) 5 SCC 663.

What did the court decide?

Liberty to the applicant to apply for compounding of offence in view of the law laid down by the Apex Court in Damodar S. Prabhu Vs. Syed Babalal H, 2010 (5) SCC 663. ¶11

Nawab Khan vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:1730

¶2

Court No. - 77

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Case :- APPLICATION U/S 482 No. - 39040 of 2024

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Applicant :- Nawab Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.

¶5

Hon'ble Arun Kumar Singh Deshwal,J.

¶6

Heard Sri Mohammad Zakir, learned counsel for the applicant, Sri Padmakar Rai, learned A.G.A for the State and perused the record.

¶7

The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 11.11.2022 as well as entire proceeding of Complaint Case No.4293 of 2022, under Section 138 N.I. Act, Police Station- Modinagar, District Ghaziabad and order dated 10.07.2024 passed in Criminal Revision No.583 of 2023.

¶8

Contention of learned counsel for the applicant is that on the basis of same set of allegation, the opposite party no.2 has initiated the impugned proceeding under Section 138 N.I. Act and also lodged an FIR under Sections 506, 452, 406, 420 IPC.

¶9

Per contra, learned AGA for the State submitted that N.I. Act is Special Act and after bouncing of cheque, when the cheque amount is not paid despite notice, proceeding can be initiated under N.I. Act. However, proceeding under Sections 506, 452, 406, 420 IPC is different proceeding and that cannot be a ground for quashing of the proceeding.

¶10

After hearing the submissions of learned counsel for the parties and perusal of record, it appears that cheques in question were returned by the bank with endorsement 'insufficient fund' on 10.06.2022, thereafter a notice dated 04.07.2022 was sent by the opposite party no.2 to the applicant when cheque amount was not paid. Thereafter, opposite party no.2 also lodged an FIR in different provision of IPC, which cannot be a ground to quash the proceeding as on bouncing of cheque signed by the applicant, offence under Section 138 N.I. Act is attracted, therefore, there is no illegality in the impugned order.

¶11

Accordingly, the present application is dismissed.

¶12

It is open for the applicant to apply for compounding of offence in view of law laid down by the Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H reported in 2010 (5) SCC 663 .

¶13

Order Date :- 3.1.2025 A.Kr.

¶14

Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad

Nawab Khan v. State of U.P. and Another

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Nawab Khan v. State of U.P. and Another

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