Court No. - 64
Case :- APPLICATION U/S 482 No. - 21693 of 2019 Applicant :- Jogendra Saini Opposite Party :- State Of Up And Another Counsel for Applicant :- Jahangir Haider Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the old complaint case no.8928 of 2015, new complaint case no.122 of 2016, under Section 138 of N.I. Act, P.S. Kotwali Nagar, District Bulandshahr, pending in the court of III Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, District Bulandshahr pursuant to the summoning order dated 04.04.2016.
Claim of the applicant regarding his innocence is based on fact that initially nothing took place between the applicant and O.P. No.2 in the name of any transaction whatsoever. It so happened that the brother of the applicant borrowed Rs.2,00,000/- from O.P. No.2 and in that transaction the applicant stood as a witness and in the transaction applicant has a good gesture showing his bonafides merely gave a blank cheque for Rs.2,00,000/- as security, which was misappropriated and misused showing amount to Rs.3,00,000/-, which amount the applicant never transacted with O.P.2. The point is that the court below while being informed about aforesaid aspect in writing is not taking interest in passing any order considering the claim of the applicant and applicant has been put to continuous harassment by participating in the proceedings of this case, although the applicant has obtained his bail after putting his appearance in the proceedings before the lower court.
Heard Learned AGA for the State.
In so far as the urge made before this Court by the applicant is concerned, obviously, that need be examined and scrutinized in its right prospective by the lower court and for which no delaying practices should be adopted. It is expected that any application, if any, has previously moved regarding the claim made as here in above in this application then the court below is expected to pass speaking order on the same provided the applicant cooperates in disposal of the same.
Nothing requires to be interfered at this juncture and the applicant is required to agitate his claim and set up his defence to the best of his ability.
However, proceeding will be expeditiously completed.
With the aforesaid observation, this application is finally disposed off.
Order Date :- 30.5.2019 Raj