Court No. - 64
Case :- APPLICATION U/S 482 No. - 20750 of 2019 Applicant :- Amar Pal Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Shankar Dubey,Sarvendra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant is permitted to correct prayer clause as well as memo of this application.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought for quashment of the summoning order dated 25.04.2018 and non- bailable warrant order dated 22.11.2018 by the Additional Court (N.I. Act), Court No.1, Allahabad and the entire proceeding in Complaint Case No.65219 of 2016 Bankey Lal Vs. Amar Pal Singh, under Section 138 Negotiable Instruments Act, Police Station Soraon, District Allahabad, pending in the court of the Additional Court (N.I. Act), Court No.1, Allahabad.
Contention raised on behalf of the applicant is confined to the ambit that the allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicant under Section 138 Negotiation Instruments Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned A.G.A. has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that prima facie, evidence is lacking for summoning the applicant under Section 138 Negotiation Instruments Act and the impugned summoning order is either perverse or erroneous because the same is based on, after discussing the material facts and particulars required to be considered by the court below. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order is refused.
However, it is provided that in case the applicant moves an appropriate application before the court below with the undertaking that he will participate in the proceeding and he shall not occasion delay in disposal of the case then the court below will allow him to participate in the proceeding.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.5.2019 rkg