Court No. - 73
Case :- MATTERS UNDER ARTICLE 227 No. - 6895 of 2019 Petitioner :- Ajay Singh And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Bhrigu Jee Singh Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
The present petition has been filed by the petitioners under Article 227 of the Constitution of India for quashing the order dated 2.3.2017 passed by the learned Chief Judicial Magistrate, Ballia in criminal case no. 2395 of 2015 and order dated 15.3.2019 passed by the IIIrd Additional District & Sessions Judge, Ballia in Criminal Revision No. 236 of 2017 (annexure no. 7 and 9). Further prayer has been made to stay operation and effect of the orders aforeasaid.
Heard learned counsel for the petitioners and the learned AGA appearing for the State.
It is submitted by the learned counsel for the petitioners that summoning order passed in the matter is illegal. It is a case for the offence under Section 138 Negotiable Instruments Act and offence under Section 420 IPC is not made out. Witnesses examined on the complaint have also not supported the complaint case. Cheque was presented before the bank but it was not encashed. Present complaint was filed on the basis of false facts.
On the other hand, learned AGA has submitted that petitioners have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima- facie case is made out against the petitioners. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present petition is refused.
At this stage, learned counsel for the petitioners prays that a direction may be issued to the court below for expeditious disposal of the bail application of the petitioners.
Hence, it is directed that in case the petitioners surrender before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the petitioners. It is made clear that no further time will be allowed to the petitioners for surrender before the court concerned.
With the above observations, the petition stands disposed of.
Order Date :- 27.9.2019 Sachdeva