Imran Tyagi vs State Of U.P. And Another
2024 Latest Caselaw 16925 ALL

Allahabad High Court

Imran Tyagi vs State Of U.P. And Another on 13 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85406
 
Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 8928 of 2024
 

 
Applicant :- Imran Tyagi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rizwan Ahmad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

Supplementary affidavit filed on behalf of the applicant, is taken on record.

Heard learned counsel for the applicant and Sri Rajeev Kumar Sonkar, State Law Officer for the State.

Present application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 11.11.2022 passed by learned Court of Chief Judicial Magistrate, Muzaffarnagar in Complaint Case No. 14587 of 2022 (Sushila Sharma Vs. Imran Tyagi), under section 138 of Negotiable Instrument Act, P.S. Nai Mandi, District Muzaffarnagar, pending before the court of Chief Judicial Magistrate, Muzaffarnagar.

Contention of the counsel for the applicant is that the cheque in question was given as security cheque by the applicant to opposite party no. 2 as both of them are doing business of sand selling.

The Hon'ble Apex Court has already observed in the recent judgment of Sampelly Satyanarayana Rao Vs. Indian Renewable Energy Development Agency Limited 2016 (10) SCC 458 as well as in the judgment of Sripati Singh Vs. State of Jharkhand 2021 SCC online SC 1002 that whether the cheque in question was given in security cheque in discharge of liability, or not, such dispute can be decided by the trial court being disputed question of fact.

Therefore, the above submission of the counsel for the applicant is his defence, hence cannot be considered at this stage same is available to the applicant during the trial.

In view of the above, this court does not find any good ground to interfere into the impugned proceeding, accordingly the present application stands dismissed.

Order Date :- 13.5.2024

Nisha