Court No. - 72
Case :- APPLICATION U/S 482 No. - 28648 of 2019 Applicant :- Harendra Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lalit Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Vakalatnama filed by Shri Kamal Kishor Mishra, Advocate on behalf of O.P. No.2 is taken on record.
Heard Shri Lalit Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State and Shri Kamal Kishor Mishra, learned counsel for O.P. No.2.
Present application under Section 482, Cr.P.C. has been filed by the applicant for quashing the entire proceedings of complaint case No.2409 of 2018, under Section 138, Negotiable Instrument Act, P.S. Govind Nagar, District Mathura, pending in the court of Prescribed Officer, Additional Court, Mathura as well as summoning order dated 7.9.2018 and order dated 23.3.2019.
It reflects from the record that the complaint was filed against the applicant for dishonouring of cheque amounting to Rs.35,00,000/-. The accused-applicant was summoned vide order dated 7.9.2018 and thereafter the evidence on behalf of the complainant has been concluded and the matter is fixed for recording the statement of accused under Section 313, Cr.P.C. The order dated 23.3.2019, whereby direction was issued to pay interim compensation to the extent of 20% of the cheque amount in view of Section 143(A) as inserted by Act No.20 of 2018 w.e.f. 1.9.2018, which according to O.P. No.2, he has not received the said amount.
Since the evidence of the complainant has already been concluded and the applicant has not paid any amount towards the interim compensation pursuant to the order dated 23.3.2019, no good ground for interference under inherent jurisdiction under Section 482, Cr.P.C. is made out.
The application lacks merit and is, accordingly, dismissed.
Order Date :- 25.7.2019 T. Sinha