Court No. - 75
Case :- APPLICATION U/S 482 No. - 43679 of 2019 Applicant :- Smt. Gaura Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Sahu 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 the summoning order dated 13.11.2017 as well as the entire proceedings of Complaint Case No. 3521/IX of 2017 (Arun Srivastava Vs. Smt. Gauri), under Section 138 of N.I. Act, P.S. Karvi, District- Chtrakoot, pending in the court of Chief Judicial Magistrate, Chitrakoot.
As per the allegations made in the complaint, it is alleged that the applicant has issued a Cheque No. 406814 amounting to Rs.4,00,000/- dated 7.9.2017 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 u/s 138 of N.I. Act 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 13.11.2017.
Learned counsel for the applicant could not point out any illegality in the order passed by the court below.
Per contra; learned A.G.A. has supported the impugned order and has stated that from the perusal of entire material on record and the allegations made in the complaint, prima-facie offence under Section 138 of Negotiable Instrument Act is clearly made out against the applicant and there is no illegality and infirmity in the impugned order. Moreover, the impugned summoning order is of the year 2017 and the delay in filing the present application has not been properly explained.
Having considered the rival submissions made by the counsel for the parties and keeping in view the fact that despite being noticed, the applicant has failed to make good the payment of the cheque amount and from the perusal of the allegations made in the complaint and the statement of the witnesses recorded u/s 200 and 202 Cr.P.C., offence is made out against the applicant as such he has rightly been summoned to face trial u/s 138 of N.I. Act, which order do not suffer from any illegality or infirmity. Moreover, the present application is hopelessly barred by laches also and as such no interference is required to be made, at this stage.
In view of above, the present application u/s 482 Cr.P.C. is devoid of merit and is accordingly dismissed.
Order Date :- 28.11.2019 KU