Court No. - 64
Case :- APPLICATION U/S 482 No. - 17079 of 2019 Applicant :- Lakhan Lal Gupta Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed for quashing the further proceedings of complaint case no. 1322 of 2017( Om Prakash Jain Vs. Lakhan Lal Gupta) under section 138 of N.I. Act P.S. Sipri Bazar Jhansi along-with summoning order dated 13.12.2017 pending in the court of Additional Chief Judicial Magistrate, Court No.1 Jhansi.
Upon considering various aspect of the case, it cannot be said that the summoning order is illegal or perverse at this juncture. The summoning order found to be based on the material on record. The contents is verified by the statement of the complainant also gives a clear prima facie case. No case for interference is made out.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case, the applicant appears before the court concerned within 15 days from today and moves application for discharge, the same shall be considered and disposed of in accordance with law by passing reasoned and speaking order, as factual aspects cannot be adjudicated upon by this Court. The same falls within the domain of the court below.
For a period of 15 days from today, no coercive action shall be taken against the applicants.
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 applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.4.2019 N.A.