Court No. - 64
Case :- APPLICATION U/S 482 No. - 17443 of 2019 Applicant :- Ashish Upadhyay Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ankit Singh 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 summoning order dated 27.09.2017 in Criminal Case No.45694 of 2017, Vijayant Bhalla Vs. Proplarity Infrustructure Pvt. Ltd. and others, under Section 138 read with Section 141 Negotiable Instruments Act, Police Station Panki, District Kanpur Nagar, pending in the court of the 7th Additional Civil Judge (Senior Division), Kanpur Nagar.
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 in this case. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned AGA has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the impugned summoning order is either perverse or erroneous because the same is based on after discussing the material facts and particulars required to be considered by the court below. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order is refused.
However, the applicant is required to participate in the proceeding and he may move application for bail/discharge at his wisdom.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.4.2019 rkg