Court No. - 73
Case :- APPLICATION U/S 482 No. - 20679 of 2019 Applicant :- Bhim Dutt Pande Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahabir Yadav Counsel for Opposite Party :- G.A.,Deepak Dubey
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 1420 of 2018 (Prashant Kumar Singh Vs. Bhimdutt Pandey), under Sections 419, 420, 504, 506 IPC, Police Station Soraon, District - Allahabad arising out of summoning order dated 17.12.2018 pending in the court of Judicial Magistrate-I, Allahabad. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that offence under Sections 419, 420, 504, 506 IPC is not made out against the applicant. There was no occasion to issue such cheque which was not in circulation. It was also argued that applicant has already informed the G.R.P., Allahabad about missing of the cheque book on 31.5.2018. It appears that said cheques somehow were obtained by the opposite party no. 2 and after manipulating the facts in the cheque same was presented before the bank concerned. Since it was Non C.T.S. Cheque and was not in circulation, therefore, bank has rightly returned the same. No prima facie case is made out. At this juncture learned counsel appearing for the applicant referred to the ingredients of the offences and facts and evidence available on record and further argued that continuation of the proceeding of the aforesaid complaint case is abuse of process of law.
Learned A.G.A. and learned counsel appearing for the opposite party no. 2 opposed the prayer and argued that the applicant himself has admitted that he was carrying old cheque book which was not in circulation. If annexure no. 8 of the application is taken into consideration then also a prima facie case is made out against the applicant. All the ingredients to constitute the said offence is made out. There is no illegality or infirmity in the impugned order.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrenders before the court below and applies for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicant. It is made clear that no further time will be allowed to the applicant for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 26.7.2019 Sachdeva