Dismissed¶8

Awadhesh Kumar Pal v. State of U.P. and Another

Allahabad HC1 Apr 2025NA528/10539/2025

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What is this about?

Allahabad High Court; Application U/S 528 BNSS No. 10539 of 2025; quashing of Section 138 NI Act complaint case no. 383 of 2024 and order dated 18.05.2024 of ACJM Bhadohi; dishonoured cheque Rs. 1,50,000 dated 09.12.2023, presented 30.12.2023, dishonoured 01.01.2024; misplaced cheque plea published in Jan Varta Hindi Dainik; apparent compliance with Sections 138 and 142 NI Act; defence-stage argument; no jurisdictional error shown; application consigned to record (dismissed); Awadhesh Kumar Pal v. State of U.P.; Justice Vikas Budhwar; order dated 2.4.2025; Neutral Citation 2025:AHC:45780.

What did the court decide?

The complaint apparently satisfies the statutory requirements, i.e., it recites/meets the compliance of Sections 138 and 142 of the N.I. Act. ¶7

Awadhesh Kumar Pal Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:45780

¶2

Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10539 of 2025 Applicant :- Awadhesh Kumar Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.

¶3

Heard Sri Anand Kumar Singh, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State.

¶4

This is an application U/s 528 BNSS has been filed for quashing the impugned complaint case no. 383 of 2024 under Section 138 of N.I. Act as well as the impugned order dated 18.05.2024 passed by learned Additional Chief Judicial Magistrate, Bhadohi, P.S. Gyanpur, District Bhadohi.

¶5

Learned counsel for the applicant submits that a complaint stood lodged against the applicant relatable to dishonouring of a cheque amounting to Rs. 1,50,000/dated 09.12.2023 which was presented in the bank on 30.12.2023 and it was dishonoured on 01.01.2024 to which was served but the payment has not been made. Learned counsel for the applicant has submitted that the cheque stood misplaced and the said fact came to be published in a newspaper by the name of Jan Varta, Hindi Dainik. It is further submitted that opposite party no.2 is a broker of one of a construction companies and colonizers and he did not return the amount back which he had taken for allotment of a plot/ flat. Learned counsel for the applicant submits that the cheque has been misplaced.

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Learned AGA on the other hand has opposed the application.

¶7

Having heard the arguments so made across the bar, the sole question which arise for determination is an extent of judicial intervention at this stage. Apparently, the complaint itself resides the compliance of section 138 and 142 of N.I. Act. So far as the fact that as to whether the cheque has been misplaced or not is a matter which is to be proved in defence and that stage has not arrived till date. Furthermore, in absence of showing any jurisdictional error, this Court is not require to go into the said aspect.

¶8

Accordingly, the present application is consigned to record.

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Order Date :- 2.4.2025/C. MANI

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( Vikas Budhwar,J. )

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Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad

Awadhesh Kumar Pal v. State of U.P. and Another

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Awadhesh Kumar Pal v. State of U.P. and Another

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