Court No. - 64
Case :- APPLICATION U/S 482 No. - 16353 of 2019 Applicant :- Krishn Chandra Agrawal Opposite Party :- State Of Up And Anotehr 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 AGA for the State.
This application under Section 482 Cr.P.C. has been filed for quashment of the entire criminal proceeding as well as summoning order dated 21.12.2018 of the Computer Case No.2489/2018, CNR No.UPMPO4020879-2018 under section 138 N.I.Act, PS. Kotwali, District Mathura.
Contention raised on behalf of the applicant is that in this case, the summoning order was passed by the court below on 21.12.2018 and thereafter notice was also issued to the applicant by the court below on 27.02.2019, copy of which has been placed on record vide annexure no.6 to the affidavit filed in support of this application. The 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 Sections 138 N.I.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 perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the impugned summoning order is either perverse or erroneous because the same is based after discussing the material facts and particulars required to be considered by the court below and 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. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order and the proceeding is refused.
However, the applicant is required to participate in the proceeding before the court below.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
It is made clear that the observation made in this order shall have no bearing on merit of the case and shall not cause any prejudice to the trial court.
Order Date :- 25.4.2019 Rk