Bushra Khan vs State of U. P. - 2023 Supreme(All) 2684

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2684

SIDDHARTH
Bushra Khan – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Irshad Husain,Aushim Luthra.
For the Opposite Party : G.A.

JUDGMENT

Siddharth, J.

This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 16.09.2022 as well as entire proceedings of Complaint Case No. 910 of 2022 (Vijay Oberao v. Bushra Khan), under Section 138 Negotiable Instrument Act, Police Station- Sadar Bazar, District- Meerut pending before Judicial Magistrate/Additional Civil Judge (J.D.), Court No. 5, Meerut. Further prayer has been made to stay the further proceedings of the aforesaid case.

2. It is submitted by the learned counsel for the applicant that the entire allegations are false. Cheque in question was not issued against any existing debt or liability. Referring to the entire evidence available on record, it is submitted that the summoning order is illegal and without application of judicial mind. No cause of action arose to file the complaint.

3. On the other hand, learned A.G.A opposed the prayer.

4. I have considered the rival submissions made by the learned counsel for the parties and perused the entire record carefully.

5. The submissions made by the applicant counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial cour

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