Court No. - 55
Case :- APPLICATION U/S 482 No. - 43035 of 2018 Applicant :- Deepak Kashyap Opposite Party :- State Of Up And Another Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned summoning order dated 7.7.2017 passed by learned C.J.M., Hapur by which the applicant was summoned under Section 138 N.I. Act in Complaint Case No. 5476 of 2015, Keshav Kumar Versus Deepak Kashyap, pending in the Court of learned C.J.M., Hapur, District Hapur.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Considering the facts and circumstances of the case, I do not find any ground to quash the impugned summoning order dated 7.7.2017, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
However, it is provided that if the applicant appears and moves an appropriate application for discharge under section 245(2) Cr.P.C. before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicant shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the applicant moves an application as stated above within two weeks, no coercive action shall be taken against the applicant till disposal of the said application.
Order Date :- 29.11.2018 NS