Court No. - 44
Case :- APPLICATION U/S 482 No. - 18598 of 2018 Applicant :- Fareeda Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adeel Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Adeel Ahmad Khan, learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 8.12.2016 passed by the Chief Judicial Magistrate, Mahrajganj, in Complaint Case No. 2415 of 2016 (Surendra Lohiya Vs. Fareeda), under section 138 N.I. Act,, P.S. Kotwali, District Maharajganj.
This application has been filed after an expiry of a period of more than a period of 1 year and 5 months from the date of the passing of the summoning order dated8.12.2016. Therefore, prima facie this application is hopelessly barred by laches. Learned counsel for the applicant submits that there is no deliberate negligence or laches on the part of the applicants in filing the present application. He, therefore, submits that the laches in filing the present application have been explained in paragraph No. 14 of the affidavit and therefore, the laches, if any, in filing the present application having been sufficiently explained, the same are liable to be ignored by this Court. Paragraph No. 14 of the affidavit is reproduced herein under:-
"That the applicant have no knowledge about the summoning order dated 8.12.2016 and when the deponent went in District Court for enquiry of case on 05.05.2018 then the local counsel has stated that summoning order has been passed against him and thereafter the deponent collected necessary paper and also arrange the expenses for filing the present application before this Hon'ble Court without any further delay, if any, delay has made in filing the present application the same may be condoned by this Hon'ble Court in the interest of justice."
A perusal of the averment made in paragraph 14 of the affidavit will go to show that the explanation offered for explaining the laches in filing the present criminal misc. application neither appear to be sufficient, nor fruitful.
This being the position, the laches in filing the present criminal misc. application remain unexplained to the satisfaction of the Court.
Consequently, the present application fails and is, hereby, dismissed.
Order Date :- 28.5.2018 HSM