Court No. - 64
Case :- APPLICATION U/S 482 No. - 21919 of 2019 Applicant :- Dayaram Prajapati Dhanlakshmi Complex Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sohan Lal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the entire proceedings of complaint case no.2155 of 2017, under Section 138 N.I. Act, Police Station Surajpur, pending in the court of Additional Court no.1, District G.B. Nagar.
Plea is legal that the transaction in question took place between the City Centre Inra Developers and the applicant happens to be one of the employees of the company in question, although, he did not issue any cheque as such and in the absence of impleadment of the company, how can the complaint be proceeded against the applicant in his single capacity.
Heard learned AGA for the State.
If the claim of the applicant is sustained, no proceeding under Section 138 of N.I. Act can be gone into against the applicant and the court below is barred from initiating any process against the applicant, now it is upto the applicant to move appropriate application before the court concerned raising it same plea and in case it is is discovered that the transaction was between the company and the company has not been impleaded as opposite party then the proceeding now shall become redundant against the applicant and it will be ordered to be terminated against him by the court below.
Let it is to be ensured whether the applicant happens to be the authorized signatory or not of the cheque in question and specific finding shall be recorded on that count also the applicant deserves exoneration. Applicant is required to move appropriate application U/s 245(2) Cr.P.C. and that application will be considered expeditiously within six weeks from the date it is presented along with certified copy of this order.
Till the period of six weeks, no coercive action shall be taken in the first count and till disposal of application within six weeks' in second count provided the applicant cooperates in disposal of this application.
In view of above, this application is finally disposed off.
Order Date :- 31.5.2019
Raj