Court No. - 20
Case :- APPLICATION U/S 482 No. - 28624 of 2008 Applicant :- Smt. Bindu Saxena And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- Govt. Advocate,P.S. Pandey,Shobhit Pathak
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The applicants through the present application under section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the proceeding of Complaint Case No. 2401 of 2007 (Nutan Kumar Shukla Versus Anand Saxena and another), under Section 138 N.I. Act, Police Station Nagphani, District Moradabad, pending in the court of A.C.J.M., Court no. 3, Moradabad.
From perusal of the order and complaint, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process or miscarriage of justice.
Accordingly, prayer of the applicants is refused.
However, in view of the submissions made by learned counsel for the applicants, if the accused in response to the summon, appears and raises plea as to the maintainability of the complaint under section 251 Cr.P.C., the Magistrate is to decide it before it takes any other step within a period of four weeks or till the disposal of the said plea, whichever is earlier, no coercive action shall be taken against the applicants.
With the aforesaid direction, this application is disposed of.
Order Date :- 22.2.2018 Puspendra