Back
DINESH PATHAK
Gulfam – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. details of the applicant's request and trial court's prior rulings. (Para 2 , 3) |
| 2. arguments regarding the application under section 138 n.i. act. (Para 4 , 5) |
| 3. court's analysis on facts and disputes. (Para 6 , 7) |
| 4. discussion on inherent jurisdiction and landmark cases. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. final ruling on application under section 482 crpc. (Para 15 , 16 , 17 , 18) |
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 cou
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....
The court cannot review a signed judgment under Section 362, Cr.P.C., and applications for compounding post-conviction are non-maintainable.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
