Court No. - 71
Case :- APPLICATION U/S 482 No. - 47276 of 2019
Applicant :- Smt. Hemlata Garg
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Virendra Kumar Jaiswal, learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 18.11.2019 passed by Additional Chief Judicial Magistrate, Court No.6, Ghaziabad as well as the entire proceedings of Complaint Case No.3531 of 2018 (Lokesh Mohan Vs. M/s. Raj Kumar Akshit Kumar & Ors.), under Section 138 N.I. Act, Police Station - Kavi Nagar, District - Ghaziabad.
3. A plea has been set up by learned counsel for the applicant that the applicant was sleeping partner and that the cheque had been issued by the active partner namely one Raj Kumar. Thus, the applicant claims to have been wrongly implicated.
4. Perusal of the provisions of Section 138 of the Negotiable Instruments Act, 1881 would reveal that such a plea is a plea in defence which would require evidence to be led before it can be acted upon or accepted by the court. Inasmuch as the complaint is still pending consideration. No such inference can be drawn in a premature proceedings under Section 482 Cr.P.C. Hence, the prayer for quashing the entire proceeding of the aforesaid case is refused.
5. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, her prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
6. For a period of 30 days from today, no coercive measure shall be taken against the applicant.
7. With the aforesaid directions, this application is finally disposed of.
Order Date :- 20.12.2019 AHA