Court No. - 75
Case :- APPLICATION U/S 482 No. - 42768 of 2019 Applicant :- Lakshaman Prasad Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the summoning order dated 02.06.2018, order dated 11.10.2019 by which learned court below has issued non-bailable warrant against the applicant as well as the entire proceedings of Complaint Case No.365 of 2018 (Vijay Bahadur Vs. Lakshaman Prasad Verma), under Section 138 of N.I. Act, P.S. Kotwali Khalilabad, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
As per the allegations made in the complaint, it is alleged that the applicant has issued a Cheque No.023012 amounting to Rs.1,70,000/- dated 03.04.2018 to Opposite Party No.2., however, on presentation, the said cheque was dishonoured. After the dishonour of the cheque, a notice was sent to the applicant to make good the payment however, despite being noticed the due amount was not paid as such, the present complaint has been filed.
On the basis of the said complaint, learned Magistrate has recorded the statements of the witnesses and after making the requisite enquiry under Sections 200 and 202 CrPC passed the summoning order against the applicant to face trial under Section 138 of Negotiable Instrument Act.
Learned counsel for the applicant has submitted that no notice was served upon him and also, no due debt or liability exists for payment of the cheque, as such, proceedings under Section 138 of the Negotiable Instruments Act is bad in the eyes of law.
Per contra; learned A.G.A. has supported the impugned order and submitted that learned Magistrate after taking into consideration the allegations made in the complaint and the statements recorded under Sections 200 and 202 CrPC has passed the summoning order against the applicant to face trial under Section 138 of Negotiable Instrument Act. The disputed question of fact whether the notice has been served and the existence of any due debt or liability cannot be decided at this stage when the evidence is yet to come.
Having considered the rival submissions made by the counsel for the parties and taking into consideration the fact that the impugned order has been passed by the learned Magistrate on the basis of allegations made in the complaint and after making the requisite enquiry under Sections 200 and 202 CrPC. The disputed question of fact whether the notice has been served and existence of any due debt or liability for payment of cheque cannot be decided at this stage when the evidence is yet to come. As such impugned order passed by the learned Magistrate is just, proper and legal and do not call for any interference.
The present application under Section 482 is devoid of merit and is accordingly dismissed.
Order Date :- 28.11.2019 Zafar