Court No. - 38
Case :- APPLICATION U/S 482 No. - 22160 of 2019 Applicant :- M/S M.J. International And 2 Other Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Subodh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard Sri Saurabh Sachan, Advocate, holding brief of Sri Subodh Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
The present 482 Cr.P.C. application has been filed to quash the entire proceeding of complaint case and the impugned summoning order dated 30.05.2018 passed by Presiding Officer, Additional Court No.03, Gautam Budh Nagar in Complaint Case No. 1310 of 2017 (CNR No. UPGB040571812017), Global Fabrics vs. M.J. International and others, under Section-138 of Negotiable Instruments Act, P.S. Sector-20, Noida, District Gautam Budh Nagar.
Urge is that in this case, stereo typed order has been passed by filling in the blank space left out in the proforma order impugned dated 30.05.2018, which aspect is very much attracted from the bare perusal of the impugned summoning order itself.
Learned A.G.A. has opposed the prayer made by the applicant, however he has not disputed the fact that blank space has been filled up in the order impugned dated 30.05.2018. Copy whereof is Annexure No.1 to the affidavit filed in support of this application.
It is further submitted that in the similar matter, applicants have been challenged the summoning order dated 24.03.2018 and this Court vide order dated 30.05.2019, passed in Application U/S 482 No. 20781 of 2019, quashed the summoning order.
Considered the submission and the entirety of the case and perused the impugned order, obviously it is incumbent upon the magistrate concerned to have applied his judicial mind and then to have passed a consistent order reflecting that he in fact applied his mind to the facts and circumstances of the case.
Here in this case, space left vacant in the impugned order have been filled up by inserting names of various persons. This by itself is perfunctorily and non application of the mind and cannot be sustained in the eye of law.
The impugned order dated 30.05.2018 is hereby quashed. Consequently, the instant application is allowed.
Order Date :- 3.6.2019 v.k.updh.