Court No. - 68
Case :- APPLICATION U/S 482 No. - 15018 of 2019 Applicant :- Dr. Divir Vij Opposite Party :- State Of Up And Another Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State.
This application U/s 482 Cr.P.C., has been filed on behalf of the applicant for quashing the summoning order dated 2.6.2016 passed by Additional Chief Judicial Magistrate, Court No. 6, Varanasi as well as proceedings of Complaint Case No. 236 of 2014 (new Case No. 49 of 2015) (Krishna Kumar Singh Vs. Dr. Divir Vij and another), Police Station Shivpur, District Varanasi whereby applicant has been summoned for the offence punishable under Sections 406, 506 IPC.
Learned counsel for the applicant contended that that as per version of complaint, opposite party No. 2 (Krishna Kumar Singh) issued cheque in favour of the applicant. Accordingly, offence under Section 406 IPC is not made out.
Learned A.G.A., contended that there is no infirmity in the impugned order.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicant to get himself discharge from the court concerned. Therefore, it is not appropriate for this Court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicant applies for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicant.
Accordingly, this application under Section 482 Cr.P.C., is disposed of. Order Date :- 30.4.2019 Jaswant