Court No. - 55
Case :- APPLICATION U/S 482 No. - 42833 of 2018 Applicant :- Amit Kumar Dubey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing of the entire proceedings of complaint case no. 76 of 2018 (Amresh Vs. Amit Pandey @ Amlesh Pandey and another), under section 138 of NI Act, P.S. Kotwali, District Gorakhpur, pending in the court of ACJM-I, Gorakhpur.
The contention of the counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. He further submitted that a number of civil cases are pending between the parties on account of which the applicants have been implicated in the present case.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicants move an appropriate application for discharge through counsel before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned court below preferably within a period of four months, thereafter. For a period of five months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 28.11.2018 Prajapati [Chandra Dhari Singh, J]