Court No. - 64
Case :- APPLICATION U/S 482 No. - 13112 of 2019 Applicant :- Brijesh Kumar Gupta And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Maithali Sharan Pipersenia Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed is taken on record.
Heard learned counsel for the applicants and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding against the applicants in Complaint Case No. 2409 of 2018 (Mahaveer Tarsauliya versus Firm Bright India Wallet and 2 others), under Section 138 of Negotiable Instruments Act, Police Station Kotwali Orai, District Jalaun pending in the Court of Chief Judicial Magistrate, Jalaun as well as to to quash the summoning order dated 13.11.2018 passed by the learned Chief Judicial Magistrate, Jalaun.
Apart from the various peculiar aspects of this case, attention of this Court was engaged to core consideration of payment already made by all the accused of this case including the present applicants and respondent no.3.
As per the complaint, cheque numbers 12245 dated 24.11.2017 and cheque number 12248 dated 28.11.2017 were issued by the opposite part no.2, which cheques have already been credited into the concerned bank account of Bright India Wallet and current deposit account number is 1483102000004497.
The statement of bank account is annexure no.2. The same is reflective of fact that both the cheques have been credited into the account of the firm, therefore, there is no point that any dishonor of cheque as detailed in the body of the complaint ever took place.
If this is the fact situation then on the basis of the same complete immunity have been claimed by the applicants. However, the applicants have submitted that instead of moving before the lower court, he has come straightway in view of above peculiar prevailing facts of this case.
By way of supplementary affidavit, it is been tried to be stressed that the concerned bank accounts of the applicants is not existing in his bank and the matter requires complete and full consideration and scrutiny, only then any summoning order can be justiafiably passed.
Also heard the learned A.G.A.
The factual claim raised before this Court cannot be appreciated in its entirety and threadbare interpretation cannot be given, this is the domain of the lower court itself, however the case of the applicant has been precisely put and as per the case believing it to be that any cheques numbering 12245 and 12248 have been issued, and the same have been credited, then there is no point in dishonoring it.
Consequently, no proceeding can be launched by way of any complaint or any other procedure against the present applicants. They are not the defaulters.
Under the facts and circumstances of the case and after perusal of the various contents brought before this Court, it is observed that the applicants are required to bring before the court below all the relevant facts as brought before this Court and the court below shall after consideration of the same will pass appropriate order regarding the case of the applicants, particularly the maintainability of the complaint provided the complainant is given full opportunity of hearing before passing any order.
The applicants are required to present before the court below within 30 days and move the appropriate application as directed.
In the event of non appearance, the court below shall be free to proceed further in accordance with law.
For a period of 30 days from today, no coercive action shall be taken against the applicants With the aforesaid directions, the instant application under Section -482 Cr.P.C. is finally disposed of.
Order Date :- 8.4.2019 S Rawat