Court No. - 15
Case :- APPLICATION U/S 482 No. - 27157 of 2018 Applicant :- Harsh Parecha Opposite Party :- State Of Up And Another Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary Affidavit has been filed by the learned counsel for the applicant and the same is taken on record.
Heard Sri Vinay Kumar Singh, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire proceedings as well as order dated 05.05.2018 passed in Complaint Case No. 492 of 2018 under Section 138 N.I. Act, P.S. Nawabad, District Jhansi pending in the Court of Additional C.J.M., Room No. 1, Jhansi.
Learned counsel for the applicant contended that the cheque which is alleged to have bounced, was never issued by him and the same was stolen. The false claim has been made by O.P. No.2.
As per allegation made in the complaint, the applicant has purchased diesel for his vehicle worth Rs. 13,52,405/- and when O.P. No.2 demanded money for the same, the applicant issued a cheque No. 621386 dated 23.09.2017, which when deposited in bank, got bounced, therefore, the defence taken by the applicant that the same was not issued by him, will require examination by court below.
Learned A.G.A. has vehemently opposed the prayer for quashing.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R.
P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
This application u/s 482 Cr.P.C. is, accordingly, rejected.
Order Date :- 5.9.2018 A. Mandhani