Allahabad High Court
Pankaj Bhalla vs State Of U.P. And Another on 8 February, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 42330 of 2022 Applicant :- Pankaj Bhalla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Having heard the learned counsel for the parties and having perused the record, no good ground is made out to quash the criminal prosecution at the initial stage. At present, the opposite party no. 2 has lodged the criminal complaint claiming dishonour of cheque issued to him.
2. Plain perusal of the FIR contents, there is no ground taken of delay or lapse of limitation or non-fulfilment of any statutory condition necessary to be fulfilled before such prosecution may be launched.
3. As to the submission of the learned counsel for the applicant, the applicants had no business relationship with the opposite party no. 2 and further the cheque in question were reported to have lost in the year 2014 itself, whereas the opposite party no. 2 has claimed the same to have been issued in the year 2021, are purely factual. Also, they are arising by way of defence. These may were remain to be examined at the trial.
4. At the same time, in the entirety of the facts and circumstances of the case, keeping in mind the maximum imprisonment that may be awarded for such offences, it is provided in case the applicant appears before the learned court below within 30 days and applies for bail, that application may be dealt with and decided on its own merits without being prejudiced by any observation made in this order.
5. Application is disposed of accordingly.
Order Date :- 8.2.2023 SA