Al Baith Enterprises vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2233

DINESH PATHAK
Al Baith Enterprises – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Rajiv Kumar Mishra, Anand Kumar Mishra
For the Opposite Party : G.A.

Table of Content
1. court jurisdiction and complaint initiation (Para 1 , 2)
2. essence of dishonored cheque transaction (Para 3 , 4)
3. opposition to applicant's submission (Para 5 , 6)
4. limitation period under section 142 ni act (Para 7 , 8)
5. court discretion on condoning delay (Para 9 , 10 , 11)
6. application dismissal due to lack of merit (Para 12)

JUDGMENT

Dinesh Pathak, J.

Heard learned counsel for the applicant, learned AGA and perused the record.

2. The applicant has invoked the inherent jurisdiction of this court under Section 482 Cr.P.C. assailing the summoning order dated 10.04.2023 passed by Additional Chief Judicial Magistrate, Court No.9, Allahabad in Complaint Case No.843/2022 (B.S. Enterprises v. All Baith Enterprises Pro Shafaat Husain), under Section 138 Negotiable Instrument Act (in brevity "NI Act"), Police Station Muthhiganj, District Allahabad.

3. Respondent No.2 has filed a complaint dated 16.04.2021 with an averment that under business transaction accused (applicant herein) has taken some goods from the complainant and in lieu thereof he has furnished Cheque No.000179, dated 07.01.2021 amounting to Rs. 1,96,000/-. However, same was bounced for want of sufficient