TMI Blog2020 (3) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... larity, incorrectness or impropriety in the impugned order or any sufficient ground for quashing it and learned counsel for the applicant has failed to show that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed. Application dismissed. - APPLICATION U/S 482 No. 35344 of 2018 - - - Dated:- 6-2-2020 - Hon'ble Harsh Kumar, J. For Applicant : Anwar Hussain For Opposite Party : G.A., Rohit Yadav, Sharique Ahmed ORDER Hon'ble Harsh Kumar, J. Heard Sri Anwar Hussain, learned counsel for the applicant, learned A.G.A. for the State and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, the provisions of 138 of the Negotiable Instruments Act do not apply; that the cheques were issued with regard to commercial transaction as a security by applicant and so for their non-payment on account of instructions of applicant for stopping payment, no offence is made out against applicant under Section 138 of the Negotiable Instruments Act and so the learned Magistrate ought to have dismissed the complaint and discharged the applicant. In support of his arguments, learned counsel for the applicant relied on the law laid down by the Apex Court in the case of Raj Kumar Khurana vs. State of (NCT of Delhi) and another; (2009) 6 SCC 72 wherein it was held that in case of non-payment of cheque on account of instruction for stopping pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eft of cheques and on account of theft of cheques, the alleged drawer had instructed the bank for stopping payment; that since the facts of that case are altogether different thus are not applicable to the facts of this case; that the order of the co-ordinate bench in the case Rahisuddin Saifi (Supra) is concerned, is not binding on this Court; that if merely by giving instructions to the banker for stopping payment, the offence under Section 138 of the Negotiable Instruments Act can be avoided then in every case clever culprit persons who do not want to get the cheque honoured, apart from keeping insufficient balance in their bank account, will also instruct their banker for stopping payment as to escape from the clutches of offence under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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