Court No. - 64
Case :- APPLICATION U/S 482 No. - 21657 of 2019 Applicant :- M/S M.J.International, And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Subodh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record of this application.
By way of the instant application, the applicants have sought to quash the impugned summoning order dated 25.06.2018 passed by Presiding Officer, Additional Court No.03, Gautam Budh Nagar in complaint case no.1306 of 2017 (CNR No. UPGB040571762017), Global Fabrics vs. M.J. International and others, under Section 138 of Negotiable Instruments Act, Police Station Sector-
20 NOIDA, District Gautam Budh Nagar.
Ground urged before this Court is that the entire proceedings is vitiated on account of fact that no offence is made out in this case. The summoning order dated 25.06.2018 is on the face perverse, erroneous and in violation of the rules of natural justice for the reason that the summoning order has been passed only after filling in blank spaces in stereo typed proforma and the fact is very much perceptible from bare perusal of the copy of the impugned summoning order, copy whereof has been annexed as Annexure No.1 to the application.
Heard learned AGA for the State.
However, bare perusal of the summoning order is indicative of fact that the same is outcome of filling in the blank space. This is erroneous, perverse, illegal on the face. The same cannot be sustained in the eye of law.
Consequently, the impugned summoning order dated 25.06.2018 passed by Presiding Officer, Additional Court No.03, Gautam Budh Nagar in Complaint Case No.1306 of 2017 (CNR No. UPGB040571762017), Global Fabrics vs. M.J. International and others, under Section 138 of Negotiable Instruments Act, Police Station Sector-20 NOIDA, District Gautam Budh Nagar is hereby quashed.
Accordingly, this application is allowed.
Order Date :- 30.5.2019 Raj