Court No. - 48
Case :- APPLICATION U/S 482 No. - 7541 of 2019 Applicant :- Amit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 113 of 2017 (Smt. Ram Kali Vs. Pro-writer G.A.S. Marketing Prviate Limited Bank), under Section 138 N. I. Act, District -Jhansi arising out of summoning order dated 18.9.2018 pending in the court of Judicial Magistrate, Garautha, district Jhansi. 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.
Submission of learned counsel for the applicant is that applicant has no concern with any person of the bank concerned nor has issued cheque in question nor was dealing with day to day affairs of the bank concerned. Cheque in question is of another branch. Learned counsel also referred to the signature made in the complaint and argued that continuation of the proceedings against the applicant is abuse of process of law.
On the other hand, learned AGA has opposed the prayer and supported the impugned order.
Having regard to the facts and circumstances of the case, hearing the parties, going through the specific version of the complainant in para 7 and 8 of the complaint and also signature appended upon the cheque in question. Submission raised by the learned counsel for the applicant is not acceptable. Court dealing with the matter has to see only prima facie case. From a perusal of the entire evidence it cannot be said that no prima facie case is made out. Pleas taken by the learned counsel for the applicant relating to evidence which could be done during trial.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrenders before the court below and applies 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 applicant. It is made clear that no further time will be allowed to the applicant for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 28.2.2019
Sachdeva