Allahabad High Court
Dhirendra Singh vs State Of U.P. And Another on 19 March, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:48831 Court No. - 74 Case :- APPLICATION U/S 482 No. - 30205 of 2013 Applicant :- Dhirendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Malik,B. Malik Counsel for Opposite Party :- Govt. Advocate Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Amit Malik, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the record.
3. The present Application U/s 482 Cr.P.C. has been filed by the applicant Dhirendra Singh with the following prayers:
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and may further be pleased to set aside and quash the impugned order dated 28.03.2012 passed by A.C.J.M. Court No.6, Agra in Case No.1500/11 Nepal Singh Vs. Dhirendra Singh under Section 138 N.I. Act, Police Station- Jagdishpura, District- Agra and the entire proceeding of case 1500/11 pending in the Court of A.C.J.M. Agra may be quashed and set aside. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of case no.1500/11 pending in the Court of A.C.J.M. Court No.6, Agra during the pendency of the present application. And/or pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
4. The facts of the case are that a complaint dated 08.11.2011 was filed by Nepal Singh the opposite party no.2 against the applicant with the allegation that the applicant was known to him since he is visited to his sweet shop. The applicant was having some requirement for dong some business for which he requested to give the money of Rs. 1 lakh from him which was given by the complainant and in view of two cheques bearing No. 850213 dated 09.04.2011 and 850214 dated 15.04.2011 of Rs 50,000/- each was given to him as returned of the said money. The said cheques were presented by the complainant in his bank which stood dishonoured with the comments of insufficient fund. The complainant then gave a notice through registered post dated 18.10.2011 by the lawyer for returning of the said money but the money was not returned then he filed a complaint. The complainant filed his statement on affidavit under Section 200 Cr.P.C. The trial court vide its order dated 28.03.2012 summoned the applicant to face the trial.
5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. While placing para 6 of the affidavit it is argued that as a matter of fact that on 13.01.2011 the applicant had filed a complaint at the police station also stating therein that his signed cheques of the applicant bearing Nos. 850210 to 850215 were lost during transit and was not found by him and just in order to prevent its misuse the applicant had filed an application. It is argued that the said cheques were taken by the complainant and presented in his bank which stood dishonoured. There was thus to an attempt of cheating by the complainant himself on the applicant since he had presented lost two cheques. It is argued that as such the offence whatsoever is not made out. It is argued that the applicant did not ever take any loan from the complainant and the allegations are false.
6. Learned counsel for the State have also heard.
7. After having heard learned counsel for the parties and perusing the records, it is evident that the complaint against the applicant with regards to dishonour of his cheques with the comments of insufficient fund. Despite notice the said amount was not returned. The trial court was summoned the applicant to face trial under Section 138 Negotiable Instrument Act after finding prima facie case against him. In so far as the argument regarding the cheques being lost is concerned, the same can be the defence of the applicant at the stage of trial.
8. In view of the same, this Court does not find any illegality or irregularity in the order of summoning the applicant by the trial court and is accordingly dismissed.
Order Date :- 19.3.2024 M. ARIF (Samit Gopal, J.)