MEHADI HASSAIN SHAMINversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                  APPLICATION U/S 482 No. - 15913 of 2005


Mehadi Hassain Shamin
                                                                  .....Applicant(s)

                                      Versus



State of U.P. and Another
                                                                      .....Opposite
                                                                            Party(s)

Counsel for Applicant(s)      : Ali Hasan
Counsel for Opposite Party(s) : Krit Raj Singh, Govt. Advocate, Man
                                Singh Verma

Court No. - 73
                       HON'BLE SANDEEP JAIN, J.

1. The instant criminal misc. application under Section 482 Cr.P.C. has
been filed for the following relief:-

     "It is, therefore, most respectfully prayed that this Hon'ble Court may
     graciously be pleased to allow this application and to quash the criminal
     proceedings in criminal complaint case no.1757 of 2004 (Indrajeet
     Versus Mehandi) under sections 138, 142 of Negotiable Instruments Act
     of P.S. Line Bazar district Jaunpur pending in the Court of learned Chief
     Judicial Magistrate, Jaunpur including the cognizance order dt.
     15.12.2004 and non bailable warrant dt. 3.7.2005 passed by Chief
     Judicial Magistrate, Jaunpur and judgment and order dt. 4.8.2005 passed
     by learned Sessions Judge, Jaunpur in criminal revision no.445 of 2005
     (Mehandi Hussain Shamin Vs. State of U.P.)."

2. Factual matrix is that the complainant's wife Susheela Yadav and the
accused applicant's wife Shaheen were close friends and classmates and
since the accused applicant was in stringent need of money, hence the
applicant's wife demanded an amount of Rs.37,500/- from the
complainant's wife Susheela Yadav and pursuant to that demand the
above amount was given in cash by the complainant's wife to the accused
applicant. After passage of sufficient time, the complainant demanded his
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money back from the accused applicant and after persistent demand, the
accused applicant gave Cheque No.515849 dated 18.04.2004 from his
Over Draft Bank Account No.1128 which was existing in the Punjab
National Bank. On 20.4.2004, the above cheque was deposited by the
complainant in his Saving Bank Account No.01190036892 which was
subsequently returned dishonored due to insufficient fund by the State
Bank of India, Jaunpur on 28.04.2004.

3. It is the case of the complainant Indrajeet Yadav that regarding the
above dishonor of the cheque, he gave a registered notice through his
counsel Shri Shiv Moorat Gupta, Advocate on 29.4.2004 to the accused
applicant demanding from him the payment of the above cheque within
15 days which was received by the accused applicant but the payment was
not made within 15 days. Instead on 30.5.2004 the accused applicant
called the complainant at his in-laws house in Jaunpur. When the
complainant and his brother Shyamjeet Yadav went to the above house of
the accused applicant then the accused applicant pressurized them to sign
on blank stamp paper and return back the original cheque to which the
complainant refused and thereafter, the complainant and his brother were
assaulted and abused by the accused applicant and his relatives regarding
which criminal complaint was also made to the concerned Police Station
on 31.5.2004 but no action was taken. Subsequently, the complainant
instituted a complaint before the competent court on 03.06.2004 under
Section 138 and 142 of the Negotiable Instrument Act along with
Sections 420, 323 and 504 of the I.P.C. The complainant besides filing
documentary evidence also examined himself under Section 200 Cr.P.C.
and Sujeet Kumar under Section 202 Cr.P.C.

4. The court of Chief Judicial Magistrate, Jaunpur by order dated
15.12.2004 has summoned the accused for offence under Section 138/142
of the Negotiable Instruments Act against which the accused applicant
preferred a Criminal Revision No.445 of 2005 which was dismissed by
the Sessions Judge, Jaunpur by order dated 4.8.2005. Aggrieved against
the above orders, the accused applicant has filed the instant criminal misc.
application under Section 482 Cr.P.C.

5. Learned counsel for the accused applicant submitted that a mechanical
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order has been passed by the Magistrate summoning the accused, which is
devoid of any reason, which is illegal and unsustainable, which has also
been illegally affirmed by the Revisional Court.

6. Per contra, learned counsel for the complainant/respondent No.2
submitted that cheque was issued in discharge of the legal liability by the
accused applicant which was dishonored due to insufficient fund
regarding which a legal notice was issued to the accused applicant to
make the payment of the amount of cheque but still after receiving the
notice, no payment has been made by the accused applicant, hence the
complainant has filed the criminal complaint on which proper cognizance,
in accordance with law, has been taken by the concerned Magistrate under
Section 138 and 142 of the Negotiable Instrument Act which requires no
interference by this Court under Section 482 Cr.P.C. With the above
submissions, it was prayed that the instant criminal misc. application is
devoid of merit and is liable to be dismissed.

7. I have heard the counsel for both sides and perused the record.

8. It is apparent from the record that the complainant's wife Susheela
Yadav and the accused applicant's wife Shaheen were close friends and
classmates and due to such acquaintance the accused applicant's wife
demanded an amount of Rs.37,500/- from the wife of the complainant to
which she readily agreed and this amount was paid in cash by the
complainant-respondent to the accused applicant but after lapse of
considerable time when despite persistence reminders this amount was
not paid by the accused applicant then ultimately he was compelled to
give Cheque No.515849 which was drawn on his back account in Punjab
National Bank on 18.4.2004. The said cheque was deposited by the
complainant in his bank account in State Bank of India, Jaunpur but the
same has been returned dishonored due to insufficient fund on 28.4.2004.

9. It is further apparent from the record that for dishonor of the cheque,
an amount of Rs.50/- was also deducted from the bank account of the
complainant. The complainant gave a registered legal notice through his
counsel Shiv Moorat Gupta dated 29.4.2004 to the accused applicant to
make the payment of Rs.37,500/- along with interest at the rate of 12%
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per annum and also collection charge of Rs.50/- as well as notice
expenses of Rs.750/- failing which proceedings under Sections 138 and
142 of Negotiable Instrument Act as well as Section 420 of I.P.C. will be
initiated against the accused applicant. The legal notice was duly received
but no payment was made within 15 days, hence cause of action accrued
in favour of the complainant.

10. It is further apparent from the record that in support of his complaint,
the complainant examined himself under Section 200 Cr.P.C. and Sujeet
Kumar under Section 202 Cr.P.C. The complainant also submitted the
original cheque, dishonor memo and the legal notice before the concerned
court. The Court of Chief Judicial Magistrate, Jaunpur by order dated
15.12.2004 duly considered the documentary evidence on record as well
as the oral statement of the complainant under Section 200 Cr.P.C. and
statement of Sujeet Kumar under Section 202 Cr.P.C. and after
considering the above evidence was prima facie satisfied that offences
under Sections 138 and 142 of the Negotiable Instrument Act are made
out for which cognizance has been taken. It is further apparent that the
order of Chief Judicial Magistrate was challenged by the accused
applicant by filing criminal revision in the court of Sessions Judge,
Jaunpur which has also been dismissed by the order dated 4.8.2005.

11. From the evidence on record it is apparent that the disputed cheque
was issued in discharge of legal liability by the accused applicant which
was duly deposited by the complainant in his bank account but the same
has been returned dishonored on account of insufficient fund in the bank
account of the accused applicant. The accused applicant has not denied
that the disputed cheque bears his signature and was also issued from his
bank account. At this stage, there is a presumption also in favour of the
complainant under Section 139 of the Negotiable Instruments Act that the
cheque was issued by the accused-applicant in discharge of his debt or
other liability. In view of the documentary and oral evidence on record,
the Trial Court has not committed any illegality in summoning the
accused applicant for the offences under Section 138 and 142 of the
Negotiable Instrument Act.

12. Accordingly, there is no merit in the instant criminal misc.
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                                    application and the same is dismissed. Consequently, both the impugned
                                    orders are affirmed. The interim order, if any, stands vacated.

                                    13. The trial court is directed to expedite the trial and conclude the same
                                    on merit preferably within a period of six months from the date a certified
                                    copy of this order is produced before it without granting any unnecessary
                                    adjournment to either of the parties.



                                                                                             (Sandeep Jain,J.)
                                    September 18, 2026
                                    Rakesh




Digitally signed by :-
RAKESH MEHTA
High Court of Judicature at Allahabad