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DINESH PATHAK
Shailesh Yadav – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. complaint against cheque dishonor under ni act. (Para 2 , 3 , 4) |
| 2. opposition to applicant's submissions. (Para 5) |
| 3. magistrate's process issuance scrutiny. (Para 6 , 7 , 9) |
| 4. the limits of high court's jurisdiction under section 482 cr.p.c. (Para 8) |
| 5. inherent power under section 482 cr.p.c. (Para 10 , 11 , 12 , 13 , 14) |
| 6. application for quashing dismissed. (Para 17 , 18) |
| 7. guidelines on bail application consideration. (Para 19 , 20) |
| 8. disposition of the application. (Para 21) |
JUDGMENT
Dinesh Pathak, J.
Heard learned counsel for the applicants, learned AGA and perused the record.
2. The applicant has invoked the inherent power of this Court under Section 482 Cr.P.C. to quash the summoning order dated 24.10.2021, passed by the Judicial Magistrate, First Class, Azamgarh, in complaint case No.1136 of 2021 (Hemant Yadav v. Shailesh Yadav) under Section 138 of Negotiable Instruments Act (in brevity "NI Act"), Police Station - Pawai, District - Azamgarh.
3. It is submitted that respondent no.2 has moved a complaint dated 04.08.2021 with an averment that the accused (applicant herein) has borrowed money amounting to Rs. 1, 90, 000/- from the complainant and in lieu there
The exercise of inherent power under Section 482 of the Criminal Procedure Code is limited to ensuring justice and preventing abuse of process, not for resolving factual disputes, which should be lef....
Points of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see....
A cheque issued as an advance payment does not constitute a legally enforceable debt under Section 138 of the Negotiable Instruments Act, invalidating related complaints.
The court reiterated that issues around cheque liability under Section 138 NI Act must be decided at trial, underscoring the necessity for allegations in complaints to be accepted as true at the quas....
(1) Dishonour of cheques – Under Section 138 of NI Act, a separate cause of action arises upon each dishonour of a cheque provided statutory sequence of presentation, dishonour, notice, and failure t....
Point of Law : Section 362 of Cr. P.C. are reproduced as court not to alter judgment.
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