Pappu v. State of U.P. and Another
Case brief
What is this about?
Application under S. 528 BNSS filed for quashing a summoning order in a cheque dispute. Applicant argued cheque was not dishonoured as presentation was improper. Court directed notice to opposite party, no order on merits.
What the court decided
A compact analysis
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.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18145 of 2025
Pappu
.....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Chandra Narayan Mishra Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE VIKRAM D. CHAUHAN, J.
- Heard learned counsel for applicant and learned AGA for the State.
- The present application has been filed by applicant for quashing the summoning order dated 18.122024 passed by Additional Chief Judicial Magistrate, Court No.16, Allahabad alongwith entire proceeding of Complaint Case No.1735 of 2020 (Rajneesh Kumar Tiwari Vs. Pappu), under Section 138 N.I. Act, Police Station-Dhoomanganj, District-Prayagraj, pending before the court of Additional Chief Judicial Magistrate, Court No.16, Allahabad.
- It is submitted by learned counsel for applicant that cheque in question was non 'CTS' as a result of same, cheque was returned. The cheque has not been dishonoured only mode of presentation of cheque was not proper, as a result of same, cheque has not been cleared and as such, the same would not amount to dishonour of cheque.
- Matter requires consideration.
Issues for consideration
2 issues framed by the court
Whether the court should quash the summoning order and entire proceedings in the complaint case due to the cheque not being dishonoured improperly.
Whether non-clearance of a non-CTS cheque due to improper mode of presentation amounts to dishonour under the Negotiable Instruments Act.
Parties & counsel
- applicant
Pappu
- respondent
State of U.P.
Coram
Vikram D. Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- NA528/18145/2025
All orders in this case
2 orders share this CNR
- Order 1 · Case IS Not Allocated TO Court.
- Order 2 — this page · Case IS Not Allocated TO Court.
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