Court No. - 75
Case :- APPLICATION U/S 482 No. - 42682 of 2019 Applicant :- Farid Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the impugned orders dated 10.7.2013, 18.07.2019 and 29.10.2018 as well as the entire proceedings of Complaint Case No. 1490 of 2012 (Javed Akhtar Vs. Farid), under Section 138 of N.I. Act, P.S. Kotwali, District Moradabad, pending in the court of Addl. Chief Judicial Magistrate, Court No. 4, Moradabad.
As per the allegations made in the complaint, it is alleged that the applicant has issued a Cheque No. 554707 amounting to Rs.1,00,000/- dated 25.03.2012 to Opposite Party No.2, however, on presentation, the said cheque was dishonoured. After the dishonour of the cheque, a notice was sent to the applicant to make good the payment however, despite being noticed the amount of cheque was not paid by the applicant, as such the present complaint has been filed.
On the basis of the said complaint, learned Magistrate has recorded the statements of the witnesses and after making the requisite enquiry under Sections 200 and 202 CrPC has summoned the applicant to face trial under Section 138 of Negotiable Instrument Act vide order dated 10.7.2013. Against the said order the present application u/s 482 Cr.P.C. has been filed, however there is no proper explanation for delay in filing the present application and is hopelessly barred by laches.
In view of above, at this stage no interference is required and the present application u/s 482 being devoid of merit is accordingly dismissed.
Order Date :- 26.11.2019 KU