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ALLAHABAD HIGH COURT
Mahendra Dayal, J.
Smt. Seema Pathak - Applicant
Vs.
State Of U.P. & Ors. - Opposite Parties
U/S 482/378/407 No. - 47 of 2017
Decided On : 6-1-2017
Section 482 - Quashing of Charge Sheet - Summary
Fact of the Case:
The applicant filed for quashing the charge sheet under Sections 420/504/506 I.P.C and section 138 of the N.I. Act relating to Police Station-kotwali, District-Faizabad.
Finding of the Court:
The court issued notice to the opposite party and ordered no coercive action against the applicant until the next date of listing.
Issues: The contention was that no offence under Sections 420, 504, 506 I.P.C is made out against the applicant and that the case under Section 138 of the Negotiable Instrument Act can only be initiated on a complaint filed by the complainant.
Ratio Decidendi: The court's decision was influenced by the interpretation of the First Information Report and the requirement for a complaint filed by the complainant for initiating a case under Section 138 of the Negotiable Instrument Act.
Final Decision: The court ordered notice to the opposite party and directed no coercive action against the applicant until the next date of listing.
Mahendra Dayal, J.
1. Heard learned counsel for the applicant and learned AGA for the state.
2. The applicant has filed this application under Section 482 for quashing the charge sheet arising out of Case Crime No.854/2014 under Sections 420/504/506 I.P.C and section 138 of the N.I. Act relating to Police Station-kotwali, District-Faizabad.
3. The contention of the learned counsel for the applicant is that a perusal of the First Information Report, no offence under Sections 420, 504, 506 I.P.C is made out against him. Moreover, the case under Section 138 of the Negotiable Instrument Act can be initiated only on a complaint filed by the complainant. The police has submitted charge sheet under Sections 420, 504, 506 I.P.C as well as under Section 138 of N.I. Act.
4. Issue notice to opposite party No.3 returnable at an early date.
5. List immediately after service.
6. Till the next date of listing, no coercive action shall be taken against the applicant.
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