Court No. - 91

Case :- APPLICATION U/S 482 No. - 4208 of 2022

Applicant :- Mohammad Ajaz

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

Counsel for Applicant :- Brijesh Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Sita Ram Patel, Advocate holding brief of Sri Brijesh

Kumar Mishra, learned counsel for the applicant, Sri Arvind

Kumar, learned AGA for the State and perused the record of the

case.

By way of present application, applicant made prayer to quash

the summoning order dated 16.11.2021 in Complaint Case No.

4175 of 2019 (Abdul Azeem Vs. Mohd. Ajaz) under Section

138 N.I. Act, Police Station Naini, District Allahabad pending

in the court of Additional Chief Judicial Magistrate, Court No.2,

Allahabad.

Learned counsel for the applicant submitted that applicant

issued a blank cheque to the opposite party no.2 and opposite

party no.2 by playing fraud filled up and presented the same

before the Bank and the said cheque was dishonored. He further

submitted that without analyzing this fact, the court below

summoned the applicant under Section 138 N.I. Act. Except

this, no other argument was advanced by the learned counsel for

the applicant.

Law is settled that even dishonour of blank cheque attracts the

provisions of Section 138 N.I. Act if signature on the cheque is

not disputed (See M/s Kalamani Tex and another Vs. P.

Balasubramanian (2021) 5 SCC 283), therefore, there is no

illegality in the summoning order dated 16.11.2021.

Accordingly, the present application is devoid on merits and is

hereby dismissed.

Order Date :- 19.5.2022

AK Pandey

Digitally signed by ANUPAM KUMAR

PANDEY

Date: 2022.05.21 17:36:23 IST

Reason:

Location: High Court of Judicature at

Allahabad