Court No. - 64
Case :- APPLICATION U/S 482 No. - 13146 of 2019 Applicant :- Ashish Kumar Srivastava Opposite Party :- State Of Up And Another Counsel for Applicant :- Arvind Kumar Srivastava,Archana Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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 quashment of the entire proceeding in Complaint Case No.910 of 2018 Ratna Shrivas Vs. Branch Manager, J.K.V. Land and another, under Section 138 Negotiable Instruments Act, Police Station Kotwali Mahoba, District Mahoba and the summoning order dated 09.07.2018 passed by the Chief Judicial Magistrate, Bulandshahar.
Contention raised on behalf of the applicant is confined to the ambit that the cheque was given by the applicant on behalf of the Company and notice regarding dishonour of the cheque has not been received by the applicant, therefore, no such proceeding can be launched against him. 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 Negotiable Instruments Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Per contra, learned A.G.A. has submitted that in this case, from bare perusal of the complaint itself and statement recorded under Sections 200 and 202 Cr.P.C., it transpires that the summoning order is just and legal which requires no interference by this Court.
Considered the rival submissions and perused the record particularly the impugned order dated 09.07.2018 whereby the applicant has summoned under Section 138 Negotiable Instruments Act. No good ground is made out for quashment of the impugned proceeding and the summoning order. Accordingly, the prayer for quashment of the impugned proceeding and the summoning order is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within 15 days from today and move application for discharge, the same shall be considered and disposed of by the court concerned in accordance with law after affording opportunity of hearing to the parties.
For a period of 15 days from today, 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 :- 8.4.2019 rkg