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SANJAY KUMAR SINGH
Shubham Shukla – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Sanjay Kumar Singh, J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 04.07.2022 and proceedings of case no. 16/IX/2022 (Virendra Kumar v. Shubham Shukla), under section 138 of The Negotiable Instruments Act, Police Station Kotwali Nagar, District Banda, pending in the court of Special Judicial Magistrate-I, Banda.
3. In short compass, the prosecution case is that the opposite party no. 2 has filed a complaint under Section 138 N.I. Act dated 03.11.2021/30.11.2021 against the applicant alleging inter-alia that in January 2019, applicant borrowed a sum of Rs. 10 lac from the opposite party no. 2 on the promise that the same shall be returned in October, 2020. The applicant, in order to discharge his liability, gave a cheque no. "009519" dated 29.10.2020 of Rs. 10 lac to the opposite party no. 2 but on presenting the said cheque in the bank on 27.01.2021, it was dishonoured on 12.04.2021. Thereafter, the information about the dishonour of the cheque was immediately
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....
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 court established that for a complaint under Section 138 of the N.I. Act to be maintainable, specific procedural requirements must be met and reflected in the summoning order, including the prese....
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