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MANJU RANI CHAUHAN
Ram Sharan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Manju Rani Chauhan, J.)
Heard Mr. Sanjeev Singh assisted by Mr. Ramesh Kumar Singh and Mr. Ashok Kumar Singh, learned counsels for the applicant, Mr. Ram Sharan Singh/applicant appearing in person, Mr. Vikas Singh, learned counsel for opposite party No. 2 as well as Mr. Amit Singh Chauhan and Mr. Mayank Awasthi, learned counsels for the State.
2. This application under Section 482 has been filed by the applicant with the prayer to quash the entire proceedings of Complaint Case No. 1738/2020, under Section 138 of Negotiable Instrument Act (Alok Singh Niranjan v. Ram Sharan Singh) as well as quash the summoning order dated 13.1.2021 issued by the Chief Judicial Magistrate, Jalaun, Police Station-Kotwali Orai, District-Jalaun, pending in the Court of Judicial Magistrate, Jalaun.
3. Brief facts of the case are that the opposite party No. 2 filed a complaint under Section 138 Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) on 3.8.2020 against the applicant stating therein that the opposite party No. 2 is working as Assistant Teacher at Janta Vidya Mandir Inter College, Orai-Jalaun. The Manager of the aforesaid is Dilip Kumar Singh, who is real brother-
A cheque issued as an advance payment does not constitute a legally enforceable debt under Section 138 of the Negotiable Instruments Act, invalidating related complaints.
Points of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see....
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....
The court reiterated that issues around cheque liability under Section 138 NI Act must be decided at trial, underscoring the necessity for allegations in complaints to be accepted as true at the quas....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
Point of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
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