Court No. - 64
Case :- APPLICATION U/S 482 No. - 20723 of 2019 Applicant :- Ashish Opposite Party :- State Of Up And Another Counsel for Applicant :- Haseeb Alam Ansari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings arising out of Complaint Case No. 1121 of 2018, pending in the court of Additional Judge, Agra, Shri. Ravi Garg versus Shri. Ashish, under Section- 138 N.I. Act, P.S. Chatta, District Agra.
Claim is that in this case manipulation has been made in the date of the cheque. Initially, it was 20.07.2017, however the same was changed as 20.2.2018 and the reality is reflected from the bare perusal of the cheque in question. Therefore, the proceeding initiated in this case should be stopped as the opposite party no.2 has not come up before the lower court with clean hand and has himself cheated the applicant by making insertions and manipulations in the cheque concerned.
Also heard the learned A.G.A.
The claim raised before this Court regarding manipulation made in the cheque is a factual aspect need be examined by the court below, provided appropriate application is moved, making specific plea regarding the manipulation made out in the cheque in question.
With the aforesaid observation, this application stands disposed of.
Order Date :- 30.5.2019 S Rawat