Heard learned counsel for the parties.
The present 482 Cr.P.C. petition has been filed for quashing the complaint case no.1389 of 2009, under Section 138 Negotiable Instruments Act, pending before the Judicial Magistrate/Additional Civil Judge (Junior Division), Court No.1, Muzaffar Nagar, quashing the summoning order dated 7.8.2009 and also for quashing the order dated 30.11.2009 issuing non bailable warrant against the applicant.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr. P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the complaint case no.1389 of 2009, summoning order dated 7.8.2009, and the order dated 30.11.2009, is hereby refused. However, it is provided that if the applicants appear before the Court below within a period of 30 days from today and applies for bail, then his prayer for bail shall be considered in view of the settled law laid down by this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-290 and by a recent decision of the Apex Court, passed in Criminal Appeal no.538 of 2009, Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, coercive action shall not be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is disposed of. Order Date :- 3.2.2010 Hasnain