Court No. - 64
Case :- APPLICATION U/S 482 No. - 17169 of 2019 Applicant :- Jai Praksh Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Archana Kumari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought quashment of the proceeding as well as summoning order dated 03.02.2016 passed by the court below in Complaint Case No.2189 of 2015, Kanhaiya Lal Verma Vs. Jai Prakash Singh, under Section 138 Negotiable Instruments Act, Police Station Badgaon, District Varanasi, pending in the court of the Additional Chief Judicial Magistrate, Court No.5, Varanasi.
Contention raised on behalf of the applicant is confined to the ambit that cheque in question does not bear signature of the applicant. Allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicant under Section138 Negotiable Instruments Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned AGA has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously the contentious issue raised can not be gone into by this Court at this stage and whatever objection the applicant has against the summoning order, the same can be raised before the court below instead of raising the same before this Court and the court below shall, upon presentation of such application, dispose of the same on its merits. The court below shall also determine as to from what source, Rs.25,00,000/- was paid by opposite party no.2 to the applicant.
Thus, in view of above, it is provided that in case the applicant appears and moves application for bail/discharge before the court concerned within 15 days from today, the same shall be considered and disposed of by the court concerned in accordance with law after giving opportunity of hearing to the parties, expeditiously.
For a period of one month from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of Order Date :- 30.4.2019 rkg