2020 (1) TMI 390

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.... Ganesh Chandra Tewari, Nishant Shukla ORDER 1. By means of the present petition the petitioner has prayed for quashing the criminal proceedings of Criminal Complaint No.751 of 2016 under section 138 Negotiable Instrument Act, P.S. Gomti Nagar, District Lucknow. 2. Learned counsel for the petitioner has submitted that as per the complaint filed by respondent no.2, he has failed to establi....

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....e statutory provisions with malice intention to avail extra money from the petitioner. Learned counsel for the petitioner submits that no case under section 138 of the Negotiable Instrument Act is made out and the summoning order passed by the court below is illegal, contrary to law and is gross misuse of the process of the Court. 3. Per contra, learned counsel for the State has vehemently oppo....

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....The issue raised by the petitioner in the present petition cannot be appreciated at this stage as the same can only be adjudicated at the time of trial. 6. The averments made by the complainant in his complaint prima facie satisfy the ingredients of Section 138 of the Negotiable Instruments Act, 1881. But the truth and veracity of the said averments cannot be adjudged at this stage. Therefore, ....

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.... produced by the Complainant, there are grounds for proceeding against the accused. Inherent power of quashing criminal proceedings should be exercised very sparingly and with great circumspection. It does not confer on the court to act arbitrarily as per its own whims and caprice. At this stage, the Courts could not have gone into the merits and reached a conclusion that there are no existing deb....