Court No. - 64
Case :- APPLICATION U/S 482 No. - 16249 of 2019 Applicant :- Farman Haider Opposite Party :- State Of Up And Another Counsel for Applicant :- S. A. Khan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
By way of the instant applicant, the applicant has sought for quashment of the the summoning order dated 8.2.2019 passed by learned Chief Judicial Magistrate, District Sonbhadra in Complaint Case No.1126 of 2018 (Vivek Kumar Gupta vs. Farman Haider) as well as proceeding in the aforesaid case may be stayed.
The contention of the learned counsel for the applicant is that the entire cheque book of the applicant was lost and directly action by filing the complaint and informing the concerned was taken and opposite party no.2 committed forgery by making signature of the applicant on the cheque leaf and presented the same to the concerned bank which was dishonoured under the provision of Negotiable Instruments Act and the court below is duty bound to ensure whether the signature appearing on the cheque is in fact the signature of the applicant or not because in the absence of genuine signature of the applicant on the concerned cheque the entire proceeding becomes false and bundle of lies and applicant deserves to be exonerated and he cannot be put to trouble by being compelled to participate in the proceeding otherwise.
The contention so raised is sustained and the court below is directed to ascertain truth by carrying proper exercise about the genuineness of the signature on the cheque in question which has been claimed to not have been signed by the applicant.
However, in case, the applicant moves an application for discharge/bail before the court concerned within a period of three weeks from the date of production of certified copy of this order before it, the same shall be considered and disposed of by the court concerned by passing a speaking and reasoned order in accordance with law.
For a period of three weeks, no coercive action shall be taken against the applicant.
It is made clear that in event no such application is moved within the time prescribed above, the order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 25.4.2019 Rk