Court No. - 64
Case :- APPLICATION U/S 482 No. - 16014 of 2019 Applicant :- Krishn Chandra Agrawal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for quashment of the summoning order dated 12.03.2019 and the proceeding in Complaint Case No.2488 of 2018, CNR No.UPMP04-020878-2018 Ashin Shah Vs. Krishn Chandra Agrawal, under Section 138 Negotiable Instruments Act, Police Station Kotwali, District Mathura.
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 Section 138 Negotiable Instruments Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned A.G.A. 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 consideration of the facts and circumstances of the case, obviously grave irregularity has been committed to the extent that without recording any statement straightway on stereotyped proforma by filling in blanks, the summoning of the applicant has been done in this case. How can it be resorted without recording statement of the complainant and witnesses. Therefore, the summoning order dated 12.03.2019 is illegal and is liable to be quashed.
Thus, in view of above, the summoning order dated 12.03.2019 is quashed. The court below is directed to consider the matter afresh and proceed further in accordance with law. The court below exercising jurisdiction perfunctorily on stereotyped proforma issued summoning order against the applicant.
It appears that the court is official of the court and judicial mind is not made applicable. The District Judge shall look into in the matter and it is expected that such things will not occur again.
Consequently, the instant application is allowed.
Order Date :- 25.4.2019 rkg