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DINESH PATHAK
Riyazuddin – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Dinesh Pathak, J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present applicant has invoked the inherent power of this Court under Section 482 Cr.P.C. to quash the impugned summoning order dated 14.6.2022 as well as entire proceedings of Complaint Case No.21921 of 2011 ( Museer Ali alias Museer Miyan v. Riyazuddin ), under Section 138 of Negotiable of Instrument Act(in brevity "N.I. Act."), pending in the court of learned Judicial Magistrate, Firozabad.
3. Opposite party No.2 has moved a complaint dated 02.11.2021 under section 138 of N.I. Act with an allegation that he has given Rs. 5,00,000/- and 2,00,000/- total 7,00,000/- to the accused (applicant) and in lieu thereof he has furnished two cheques i.e. bearing No.551540, amounting Rs. 5,00,000/- dated 15.09.2021 and cheque No. 551541 dated 21.09.2021 amounting Rs. 2,00,000/-. However on the presentation of the aforesaid cheques to the bank same was dishonored for want of sufficient funds. After considering the statement of the complainant under Section 200 Cr.P.C. and the contents of the complaint, learned trial court has found, prima facie, case under Section 138 N.I. Act, according
Dishonour of a cheque due to insufficient funds constitutes an offence under Section 138 of the N.I. Act, regardless of claims of theft, unless the evidence at trial proves otherwise.
Dishonour of a cheque under Section 138 is actionable regardless of claims of stop payment or misplaced cheque, with legal presumptions favoring existence of debt or liability.
A sole proprietor can be held individually liable under Section 138 of the N.I. Act, even if the cheque was issued as a security. Arguments regarding vicarious liability and misuse are insufficient f....
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
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....
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