Case :- APPLICATION U/S 482 No. - 16401 of 2019 Applicant :- Smt Mafhlin Opposite Party :- State Of Up And Another Counsel for Applicant :- Nitesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record of this application.
This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 04.10.2018 passed by the trial court in criminal complaint case no.345 of 2018, under Section 138 of N.I. Act, Police Station Sipari Bazar, District Jhansi, pending before the court of Additional Chief Judicial Magistrate, court no.1, Jhansi.
Learned counsel for the applicant submits that the applicant has not issued any cheque though she has been proceeded with by the court in the stage. The cheque in question was signed by the husband of the applicant, whereas, the opposite party no.2 has deliberately roped in the applicant in this case as the accused, whereas, no liability can be fastened to the applicant. On being quizzed, learned counsel submitted that in this case the account in question was being run jointly by the applicant and her husband.
Also heard the learned AGA for the State.
Factual aspect has been raised by the applicant, which need be adjudicated upon after proper scrutiny by the court below and the exercise should be completed expeditiously. In case, the applicant appears within a period of two weeks' from today and moves appropriate application for redressal of her grievance, the same shall be considered by the court below in accordance with law by passing reasoned and speaking order after affording opportunity to the prosecution.
Till the period of two weeks' from today no coercive action shall be taken against the application.
Order Date :- 25.4.2019 Raj