Court No. - 15
Case :- APPLICATION U/S 482 No. - 27230 of 2016 Applicant :- Brij Mohan Tapariya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.,Radhey Shyam Shukla,Sachin Puri
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A., for the State and learned counsel appearing for the opposite party No. 2. Perused the record.
This application under Section 482 Cr.P.C., has been filed to quash the summoning order dated 2.9.2014 passed by learned Additional Chief Judicial Magistrate, Court No. 13, Agra in Case No. 6862 of 2014 (Nagendra Singh Vs. Brij Mohan Tapariya) under Section 138 N.I. Act, Police Station Chhatta, District Agra as well as the entire proceedings.
Learned counsel for the applicant contended that the applicant has already paid the money mentioned in the cheque, even though, this proceeding has been initiated by the opposite party No. 2 (Nagendra Singh).
Learned A.G.A., as well as learned counsel appearing for the opposite party No. 2 contended that there is no illegality in the impugned summoning order passed by the trial court.
From perusal of the record, it reflects that the mediation between the parties has been failed.
The fact that applicant has paid the money in question to opposite party No. 2 (Nagendra Singh) or not, cannot be decided by this Court under extraordinary jurisdiction of the Court.
Accordingly, I find no illegality in the impugned summoning order passed by the trial court.
In view of above, the application under Section 482 Cr.P.C., is dismissed. Order Date :- 26.11.2018 Jaswant