Rinku Das v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another
Negotiable Instruments Act, S.138 – quashing application under S.528 BNSS
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Brij Raj Singh, J.), Application U/S 528 BNSS No. 310 of 2026, Rinku Das v. State of U.P. — quashing of summoning order dated 2.8.2025 (Additional Chief Judicial Magistrate-III, Ayodhya) in Complaint No.1389 of 2025, Bhanupal Das vs. Rinku Das, under Section 138 N.I. Act, P.S. Ram Janambhumi — plea that signed cheque was stolen and misused by opposite party no.2 rejected; High Court cannot hold a mini trial or weigh evidence, trial court is the appropriate forum; statement under Section 200 Cr.P.C. recorded and summons upheld; application dismissed on January 29, 2026.
What did the court decide?
The High Court cannot conduct a mini trial or weigh evidence in a quashing application; the appropriate forum for the applicant's plea that the cheque was misused is the trial court. ¶16