Allahabad High Court
Abdul Basit vs State Of U.P. And Another on 13 July, 2021
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- APPLICATION U/S 482 No. - 7427 of 2021 Applicant :- Abdul Basit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State through video conference and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the order dated 22.01.2021 passed by the Sessions Judge, Saharanpur in Criminal Revision No. 459 of 2019 as well as order dated 20.09.2018 passed by the Addl. Judge, Saharanpur in Complaint Case No. 722 of 2018 (Sanjay Kumar Vs. Abdul Basit), under section 138 Negotiable Instrument Act, Police Station Gangoh, District Saharanpur.
It is submitted by learned counsel for the applicant that the applicant has not issued any cheque in favour of the opposite party no.2. The cheque issued in favour of one Masroor has been misused by the opposite party no.2. It was urged that no offence U/s 138 Negotiable Instrument Act is made out against the applicant.
On the other hand, learned AGA submitted that the cheque issued by the applicant was dishonoured on account of insufficient funds and as such prima facie ingredients of Section 138 of N.I.Act is made out against the applicant. He further submitted that the disputed defence of the applicant cannot be considered in the present proceedings.
Submission urged by learned counsel for the applicant relates to the disputed defence of the applicant, which cannot be examined in exercise of jurisdiction U/s 482 Cr.P.C. as appraisal and appreciation of evidence is not permissible in exercise of jurisdiction U/s 482 Cr.P.C.
In view of the above, no case for interference is made out. The instant application is, accordingly, dismissed.
Order Date :- 13.7.2021 Lbm/-