Court No. - 68
Case :- APPLICATION U/S 482 No. - 12672 of 2019 Applicant :- M/S Delhi Cycle Company And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rashmi Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire criminal proceedings of Complaint Case No. 6734 of 2018 (M/s. Tirupati Balaji Tyre Industries v. M/s. Delhi Cycle Company), under Section 420 of the Indian Penal Code, 1860, Police Station - Transport Nagar, District - Meerut as well as to quash the impugned summoning order dated 16.01.2019 passed by A.C.J.M., Court No. 8, Meerut, pending in the court of A.C.J.M., Court No. 8, Meerut.
Learned counsel for the applicants contended that from perusal of complaint, no offence is made out against the applicants. As per allegation of complaint, Rs. 1,70,000/- of the complainant/opposite party no. 2 was due on the applicant. Although the dispute is purely of civil nature, criminal proceedings have been initiated against the applicants, which is not sustainable.
Per contra, learned A.G.A. opposed the prayer so made and contention thereof raised by learned counsel for the applicants and contended that the material on record was sufficient for initiation of criminal proceedings and passing of the impugned summoning order by the court below. As such, there is no illegality in the impugned summoning order passed by the court below.
Alternative remedy is available to the applicants to submit application under Section 245(2) of the Code to get themselves discharged. Accordingly, it is not appropriate for this Court to exercise its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the entire criminal proceedings as well as the impugned summoning order in the aforesaid case is hereby refused.
However, it is directed that in case the applicants file an application under Section 245(2) of the Code for discharge through counsel within 30 days from today, the same shall be decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive action shall be taken against the applicants.
With the aforesaid observations/directions, the instant application stands finally disposed of.
Order Date :- 8.4.2019 I. Batabyal