M.S.Dalchand Prajapati Traders ... vs State Of U.P. And Another
2022 Latest Caselaw 4483 ALL

Citation : 2022 Latest Caselaw 4483 ALL
Judgement Date : 27 May, 2022

Allahabad High Court

M.S.Dalchand Prajapati Traders ... vs State Of U.P. And Another on 27 May, 2022

Bench: Rajendra Kumar-Iv




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- APPLICATION U/S 482 No. - 12567 of 2022
 

 
Applicant :- M.S.Dalchand Prajapati Traders And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashish Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

The present application under Section 482 Cr.P.C. has been filed by applicants to quash the impugned order dated 22.10.2021 and all consequent proceedings of Complaint Case No.7016 of 2021, under Section 138 N.I. Act, Sunah Pal Singh versus M.S. Dalchand, Police Station Pilakhuwa, District Hapur.

Learned counsel for applicants submits that a fake complaint has been filed against the applicants by the complainant / opposite party no. 2 showing the dishonour of cheque. The applicants has challenged the summoning order passed by the Magistrate concerned. Although, issuance of cheque in favour of complainant by the applicants is not admitted at this stage but he wants to get settle his dispute with the opposite party no. 2 relying the judgment of Damodar S. Prabhu v. Sayed Babalal H., 2010(5) SCC 663. He showed some papers in favour of his contention.

Learned AGA opposed the application and submitted that the trial Court rightly passed the summoning order and summoned the accused-applicant to face trial. The trial Court itself has provided an opportunity to the accused-applicant to deposit the impugned amount in the account of complainant without appearing in Court.

Upon overall consideration of the entire facts and circumstances of the case and rival submissions made by learned counsel for the parties, I do not see any good ground to quash the summoning order and complaint under Section 138 N.I. Act.

The application under Section 482 Cr.P.C. is disposed of, directing the Magistrate concerned to decide the matter, keeping in view the law laid down by Hon'ble Supreme Court in DAMODAR S. PRABHU Vs. SAYED BABALAL H. (supra).

Order Date :- 27.5.2022

I.A.Siddiqui