Arvind Traders Vs State of U.P. And Another (Allahabad High Court)
The Allahabad High Court considered an application filed under Section 482 Cr.P.C. seeking quashing of a summoning order dated 06.02.2014 in a complaint case arising under Section 138 of the Negotiable Instruments Act. The applicant contended that the complaint was based on false facts, asserting that the cheque in question had been misplaced, that stop payment instructions were issued to the bank, and that there was no liability to pay the amount mentioned. It was further alleged that the cheque had been manipulated and forged before presentation.
The State opposed the application, stating that the cheque belonged to the applicant and had been issued on 04.09.2013. It was presented twice—first on 01.10.2013 and again on 17.10.2013—and was dishonoured both times due to insufficiency of funds. A legal notice dated 13.11.2013 was served, but payment was not made, leading to filing of the complaint on 09.12.2013.
The Court held that stop payment instructions or related claims cannot be grounds for quashing proceedings at the initial stage, relying on settled Supreme Court precedents. It observed that at the stage of cognizance and summoning, the Magistrate is only required to determine whether a prima facie case exists, without examining the sufficiency of evidence for conviction. The Court found that the material on record disclosed a prima facie case and that there was no illegality in the summoning order or the revisional order affirming it. Issues such as cheque validity could be raised during trial.
