Court No. - 50 Case :- APPLICATION U/S 482 No. - 14952 of 2010 Petitioner :- Praveen Kumar Katiyar Respondent :- State Of U.P. & Another Petitioner Counsel :- Dinesh Ku. Mishra,R.P.Singh Parihar Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
Heard Mr. R.P. Singh Parihar, learned counsel for the applicant, learned
AGA and perused the record.
It has been argued by Mr. Parihar that the cheque was issued by the
applicant on 18.9.03, but by committing forgery figure “3” was made “8” and
thus, the cheque was presented after six months of its issuance and therefore,
no liability can be fastened upon the applicant.
A look at the photocopy of the cheque, annexure S.A.-1 would reveal that it
has no cutting and shows that it was issued on 18.9.08. Whether figure “3”
was made “8” or not is certainly a matter of evidence and cannot be allowed
to be agitated or decided in the inherent jurisdiction of this court.
In such view of the matter, this petition has no merits and is dismissed.
Order Date :- 16.7.2010
T. Sinha