2023 (4) TMI 1472

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....;ble Court may graciously be pleased to set aside summoning order dated 27.7.2022 passed by learned Judicial Magistrate/Civil Judge (Junior Division), Shravasti in Complaint Case No. 17678 of 2021, under Section 138 of the Negotiable Instruments Act, as well as judgment and order dated 3.4.2023 passed by learned Additional Sessions Judge/Fast Track Court (14th Commission), District Shravasti in Criminal Revision No. 67 of 2022 may also be quashed." Learned counsel for applicant has submitted that the applicant is innocent and has falsely been implicated in this case. Further submission is that there are several dispute between the applicant and opposite party no. 2. It is further submitted that on the cheque in question the date is menti....

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....Instruments Act, 1881 on the basis of dishonor of cheque has been registered against the applicant. It is further submitted that the cheque in question was handed over to the complainant to deposit the Good and Services Tax relating to Brick Kiln of the applicant. It is relevant to mention here that brother of complainant was doing business with the applicant. When the relations between them become sour, dispute arose between the parties. Thereafter complainant filed an application under Section 156 (3) Cr. P.C. on 27.11.2020 and the same was rejected by means of order dated 7.12.2020 by learned Chief Judicial Magistrate. Thereafter the complainant lodged an FIR No. 0053 dated 13.04.2021 against the applicant and his family members. In t....

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.... erred in summoning the applicant. So far as quashing of entire proceedings is concerned, from the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the applicant. All the submission made relates to the disputed question of fact, which cannot be adjudicated upon by this Court. At this stage, only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283....