Court No. - 48
Case :- APPLICATION U/S 482 No. - 2238 of 2019 Applicant :- Akram Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of complaint case no. 1722 of 2017 under Section 138 Negotiable Instruments Act, Police Station Kotwali Shahr, District - Bulandshahr arising out of summoning order dated 29.1.2018 pending in the court of Chief Judicial Magistrate, Bulandshahr. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the complaint was filed on the basis of false facts and also on the basis of malice. Neither the applicant is employee of the said Firm / Company nor has issued any cheque. Referring to provisions of Sections 138, 139 and 141 of the Negotiable Instruments Act it is also submitted that on the basis of averments made in the complaint, summoning order could not be passed against the applicant. He is also not involved in day-to-day business of the Company / Firm in question. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that applicant has been summoned in accordance with law. 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 and keeping in view the role assigned to the present applicant in the day-to-day affairs of the Company / Firm Jag Jan-ni Telecommunication Company and also the averments made in the complaint, 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 from the material available on record, it cannot be said that no prima-facie case is made out against the applicant. Further, to adjudicate / decide the plea raised before this Court leading of evidence would be required, which can be done before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused. The application being devoid of merits is liable to be dismissed.
The application is accordingly dismissed.
Order Date :- 21.1.2019 safi