Court No. - 64
Case :- APPLICATION U/S 482 No. - 16803 of 2019 Applicant :- Anand Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Anjani Kumar Raghuvanshi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 840 of 2019, (Ajay Kumar vs. Anand), under Section 138 of Negotiable Instruments Act, Police Station Shivpur, District Varanasi, including summoning order dated 11.3.2019 pending before the court of Additional Chief Judicial Magistrate, Court No.-VI, District Varanasi.
Urge is that in this case, in fact the cheque was issued by the applicant to Ajay Kumar Patel s/o Nand Lal Patel, whereas the cheque was lost and which was misused by opposite party no.2- Ajay Kumar s/o of Mithai Lal. The notice was not received by the applicant regarding dishonor of the cheque and the applicant does not resides at his residential place therefore, there was no point for receiving any notice in this case.
Also heard the learned A.G.A.
The point raised before this Court are factual in nature and proper appreciation and scruitiny of the same is possible by the court below itself and the applicant instead of approaching this Court would have better, if these facts and particulars were brought to the notice of the magistrate concerned. Therefore, the factual aspects of this case pertaining to the lost cheque and issuance of the cheque and the notice etc. can be raised before the lower court and the lower court is duty bound to look into the same and may pass appropriate order. In this view of the matter, no interference is required, therefore, prayer made for quashment of the proceeding is hereby refused.
In case, the applicant moves application for redressal of their grievance before the court below within a period of one month from today, court below is directed to pass appropriate orders after affording opportunity of hearing to both the sides and pass speaking and reasoned order in accordance with law.
For a period of one month from today or till disposal of the application, whichever is earlier, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.4.2019 S Rawat