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DINESH PATHAK
Gulfam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Dinesh Pathak, J.
Heard learned counsel for the applicant, learned counsel for the opposite party No. 2, learned AGA and perused the record on board.
2. The present applicant has invoked the inherent power of this Court under Section 482 CrPC assailing the orders dated 6.1.2023 and 25.1.2023 passed by the trial court while rejecting the miscellaneous applications moved on behalf of the present accused-applicant in case No. 1827 of 2020 ( Jafar Alam v. Gulfam ), under Section 138 of Negotiable Instrument Act (in brevity, 'N.I. Act').
3. Facts culled out from the record are that respondent No. 2 has moved a complaint dated 12.4.2018 under section 138 of N.I. Act with respect to dishonour of cheque being No. 007708 dated 22.12.2017 amounting to Rs. 4,00,000/-. Learned trial court, after considering the contents of the complaint and the statements of the witnesses, has issued the summoning order. During pendency of the case, the present applicant (accused) has moved an application dated 12.2.2021 under section 82 of N.I. Act with an averment that entire cheque amount i.e. Rs. 4,00,000/- has been paid, therefore, the complaint may be rejected and compensation to the tune of Rs. 1
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....
Point of Law : Section 362 of Cr. P.C. are reproduced as court not to alter judgment.
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....
Dishonoured of Cheque - Amicable Settlement - Guidelines as laid down in case of Damodar S. Prabhu (Supra) and taking into account fact that parties have settled dispute amicably, in view of this cou....
Point of Law : Inherent jurisdiction under Section 482 Cr.P.C. though wide, has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specificall....
(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....
The High Court has the power to quash criminal proceedings based on compromise, especially in cases involving non-heinous offences and post-conviction compromises, to secure the ends of justice.
Even a blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption under Section 139 of Negotiable Instruments Act.
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