Court No. - 72
Case :- APPLICATION U/S 482 No. - 32439 of 2019 Applicant :- Ashok Kumar Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Gautam Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the summoning order dated 17.3.2018 as well as the entire proceedings of Case No. 8544 of 2017(1651/2017), Prem Singh Vs. Ashok Kumar Yadav, under Section 138 of Negotiable Instrument Act, Police Station New Agra, District Agra, pending before the Additional Court No.2, Agra.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicant moves an appropriate application for discharge before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of four months, thereafter.
For a period of five months from today or till the disposal of the discharge application whichever, is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 26.8.2019 Noman