Court No. - 64

Case :- APPLICATION U/S 482 No. - 40308 of 2022

Applicant :- Nazmeen Rais

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Suhel Ahmad

Counsel for Opposite Party :- G.A.

Hon'ble Saumitra Dayal Singh,J.

1. Heard learned counsel for the applicant and learned A.G.A.

for the State.

2. The present 482 Cr.P.C. application has been filed to quash

the summoning order dated 24.08.2022 as well as the entire

proceedings of Complaint Case No. 1103 of 2022 (Reena

Kanaujiya Vs. Nazmeen Rais), under Section - 138 N.I. Act,

Police Station - Civil Line, District - Prayagraj, pending in the

court of Judicial Magistrate, Court No. 4, Allahabad.

3. Submission is, there was no personal or business relationship

between the parties. The dishonoured cheque had been handed

over by the applicant in blank signed state to her brother to

make certain withdrawal. The cheque was lost and the matter

was reported to the police as also the bank. Despite stop

payment instruction issued immediately, the cheque has been

misused by the opposite party no.2 to set up a completely false

case of default committed under Section 138 N.I. Act.

4. While such submissions have been advanced by learned

counsel for the applicant, at present, it is seen, no evidence has

been led in the complaint case proceedings as may allow this

Court to draw any inference as suggested by learned counsel for

the applicant. In fact, such inference of fact may not be drawn

in exercise of inherent jurisdiction of this Court under Section

482 Cr.P.C.

5. At present, the applicant has not been visited with any

demand or punishement. In a case such as this, the applicant

may also be able to successfully oppose the award of any

interim order directing payments during pendency of the

complaint case. Also, in absence of any criminal history and the

proceedings having arisen on a complaint case with respect to

offence punishable with imprisonment below seven years,

appropriate orders may be passed on the bail application.

6. For reasons noted above, interference claimed is declined.

However, it is left open to the applicant to file appropriate

application seeking bail, which application when filed may be

dealt with and decided on its own merit, as expeditiously as

possible, strictly in accordance with law without being

prejudiced by any observation made in this order.

7. With the aforesaid observation, present application is

disposed of.

Order Date :- 1.2.2023

Abhilash

Digitally signed by :-

ABHILASH SINGH

High Court of Judicature at Allahabad