Dashrath Shah v. Sandeep @ Anand Bihari Parshad








 

 

  












 





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The petitioner has filed the present petition under Section 482 of Cr.P.C. seeking quashing of complaint No.COMA-26566 of 2019 under Section 138 of N.I. Act, 1881 titled as "Sandeep @ Anand Bihar Parshad Versus Dashrath Shah" alongwith all consequential proceedings arising therefrom as well as order dated 31.10.2023 passed by the trial Court, whereby the application filed by the petitioner for dismissing the complaint has been rejected, on the ground that he has already made the entire payment of Rs.1,00,000/-.

On the other hand, learned Counsel for the respondent submits that the payment made by the petitioner does not pertain to the two cheques in question issued by the petitioner, rather the same is a separate amount. There is no representation on behalf of the petitioner today. On the last date also, none had turned up on behalf of the petitioner. RAJENDER KUMAR 2026.02.10 18:32 I attest to the accuracy and authenticity of this order



 This Court is, however, of the opinion that the case in hand involves certain disputed questions of facts which cannot be gone into by this Court at this stage and the same would be determined by way of leading cogent and convincing evidence.

No ground is made out to exercise the inherent powers of this Court at this stage.

Dismissed.

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RAJENDER KUMAR 2026.02.10 18:32 I attest to the accuracy and authenticity of this order