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RAJIV GUPTA
Amzad Khan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajiv Gupta, J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the NBW order dated 19.10.2022 as well as entire criminal proceedings of Complaint Case No. 715 of 2019 (Qamar Ali v. Amzad Khan), under section 138 of N.I. Act, P.S. Kotwali, District- Jhansi, pending in the court of Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Jhansi.
3. As per the allegations made in the complaint, it is alleged that the applicant had issued a Cheque No. 824518 dated 08.10.2018 for a sum of Rs.1,05,000/- to Opposite Party No.2, however, on presentation of the said cheque, the same was dishonoured by the bank and returned back. After the dishonour of the cheque, a notice was sent to the applicant to make good the payment however, despite being noticed the due amount was not paid as such, the present complaint under section 138 of N.I. Act has been instituted against the applicant.
4. Learned Magistrate on the basis of allegation made in the complaint and after making the requisite enquiry under Sections 200 and 202 CrPC, has summoned the applica
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.
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.
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....
:DISHONOUR OF CHEQUE – ACQUITTAL UNDER - under Section 139 of the N.I. Act, there is a presumption that the holder of the cheque received it for the discharge of debt or liability, but the existence ....
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