Back
SAMIT GOPAL
Vinay Kumar Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual allegations (Para 3 , 4) |
| 2. arguments presented by the applicant and opposition (Para 5 , 6) |
| 3. court's observations on evidence and procedural context (Para 7) |
| 4. dismissal of application with no merit (Para 8) |
JUDGMENT
Samit Gopal, J.
List revised.
2. Heard Sri Devesh Kumar, learned counsel for the applicants, Sri S.B. Maurya, learned counsel for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed by the applicant Vinay Kumar Singh, with the prayer to quash the entire proceedings of Complaint Case No. 224758 of 2022, Chandrashekhar Singh v. Vinay Kumar Singh , under Section 138 N.I. Act, P.S.- Chetganj, District Varanasi as well as summoning order dated 20.12.2022 passed by Presiding Officer, Additional Civil Judge (J.D.), Court No. 2, Varanasi and with the further prayer to stay the proceedings of said complaint case.
4. The facts of the case are that a complaint dated 7.10.2022 was filed by the opposite party no. 2 against the applicant with the allegation that cheque bearing no. 000099 of Rs.22 lakh dated 22.5.2022 on H.D.F.C. Bank, Branch C-7/39 B, Lahuraveer, Maidagin Road, Varanasi- 2
A complaint under the Negotiable Instruments Act cannot be quashed if payment disputes necessitate a trial to resolve competing claims.
The court held that payment disputes related to a cheque must be resolved in court, emphasizing that quashing cannot occur when factual issues are present.
Disputed payments related to a dishonored cheque necessitate trial court consideration; quashing a complaint is inappropriate in the presence of factual disputes.
Dishonour of cheque – Complaint case cannot be quashed on disputed facts.
The accused needs to rebut the presumption that the cheque was issued for the discharge of debt or other liability under Section 138 of the Negotiable Instruments Act, 1881.
A debtor's issuance of a cheque acknowledges a debt; questions of enforceability or time-bar must be determined through evidence, not prior to trial.
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
