Court No. - 55
Case :- APPLICATION U/S 482 No. - 42965 of 2018 Applicant :- Kushal Pal Singh @ Kushal Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 12.10.2018 pertaining to Case No. 573 of 2016 (Dines Chandra Sharma Vs. Kushal Pal Singh @ Kushal Singh), under Section 138 N.I. Act, Police Station Bannadevi, District Aligarh.
Learned counsel for the applicant submitted that the applicant has filed an application under Section 311 Cr.P.C. in Case No.
573 of 2016, under Section 138 N.I. Act with a prayer to summon the Manager of Punjab National Bank, Branch Khair, District Aligarh as defence witness. He has moved this application to ascertain that the cheques were issued by the said Bank Manager. The application was dismissed by the court below vide order dated 12.10.2018 taking note that the applicant has already moved an application dated 13.2.2018 and 9.7.2018 and the same were dismissed by the court below. It is stated in the application moved under Section 311 Cr.P.C. that opposite party no. 2 presented a forged cheque before the Bank while the same was not issued by the applicant. The DW-1 Kaare Singh has been produced by applicant before the court below and after that he has not produced any other witness in his defence, therefore, defence was closed vide order dated 12.10.2018.
I have perused the impugned order dated 12.10.2018 and other material available on record. I do not find any illegality in rejecting the application under Section 311 Cr.P.C. moved by the applicant vide order dated 12.10.2018 by the Court concerned.
The application is accordingly dismissed. Order Date :- 28.11.2018 NS