Allahabad High Court
Vivek Nishad vs State Of U.P. And Another on 2 January, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 47102 of 2019 Applicant :- Vivek Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant for quashing the impugned summoning order dated 06.11.2017 passed by Additional Chief Judicial Magistrate, Court No.08, Allahabad as well as entire criminal proceedings of Criminal Case No. 2675 of 2017, (Raj Kumar Sonkar Vs. Vived Nishad), under Section 138 of Negotiable Instruments Act, Police Station George Town, District Allahabad, pending in the court of Special Judge, N.I. Act II, Allahabad.
As per the allegations made in the complaint, it is alleged that the applicant had issued a cheque bearing no. 003286 dated 25.06.2017 in favour of the Opposite Party No.2 for an amount of Rs.6,70,000/-. On presentation of the said cheque before the Bank, it was dishonoured and returned back.
After dishonour of the cheque, a legal notice was sent to the applicant to make good the payment of cheque amount, however, despite being noticed, the applicant has not made good the payment of cheque amount, as such, a complaint under Section 138 of Negotiable Instruments Act has been filed by the Opposite Party No.2 against the applicant.
On the basis of the said complaint, learned Magistrate, after considering the allegations made in the complaint and making requisite enquiry under Sections 200 CrPC and 202 CrPC, has summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act vide order dated 06.11.2017.
Learned counsel for the applicant has submitted that on the instruction of the applicant, payment of the cheque was stopped, therefore, provision of Section 138 of Negotiable Instruments Act is not made out against the applicant.
Per contra, learned AGA has submitted that learned Magistrate, after considering the allegations made in the complaint and the statements recorded under Sections 200 and 202 CrPC, has passed the impugned summoning order and even if the cheque has been dishonoured on account of stop payment made by the applicant, provision of Section 138 of Negotiable Instruments Act, would be clearly attracted. There is absolutely no illegality or infirmity in the impugned summoning order and the present application is liable to be dismissed.
Having considered the rival submissions made by learned counsel for the parties and considering the reasons assigned in the impugned summoning order and keeping in view the fact that even where the cheque has been dishonoured on account of stop payment made by the applicant, provision of Section 138 of Negotiable Instruments Act, would be clearly attracted, as such, I do not find any illegality or infirmity in the impugned order passed by the court below.
Present application under Section 482 CrPC is devoid of merit and it is accordingly dismissed.
Order Date :- 2.1.2020 Nadim