Court No. - 64
Case :- APPLICATION U/S 482 No. - 21661 of 2019 Applicant :- Girijesh Dhar Dwivedi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bal Ram Prasad Sen Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record of this application.
This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 18.09.2017 and non- bailable warrant dated 4.8.2018 passed by Additional Chief Judicial Magistrate, court no.4, Allahabad in complaint case no.679 of 2017, under Section 138 N.I. Act, pending in the court of ACJM, court no.4, Allahabad.
Claim of the applicant is that in this case the summoning order is perverse on the face because nothing remains to be paid by the applicant. Rs.50,000/- have already been paid by the applicant to the O.P. No.2. There is no point in initiating process under Section 138 of the N.I. Act and the summoning order dated 18.9.2017 is on the face perverse. During the course of proceeding, the court below issued non- bailable warrant against the applicant, which too under circumstances, is not justified. Applicant is not at fault.
Heard the learned AGA.
The contentious issue raised regarding full payment being made by the applicant can be scrutinized by the lower court itself and may be well proved by the applicant by making his submission before the lower court for which no observation need be made at this juncture. However, the non- bailable order dated 4.8.2018 has been issued against the applicant that means the applicant is required to participate in the proceeding of the case. In that way it is observed that in case any undertaking is given regarding participation in proceeding then the court below shall allow him to participate in the proceeding.
Accordingly, this application is finally disposed off.
Order Date :- 30.5.2019 Raj