Court No. - 64
Case :- APPLICATION U/S 482 No. - 12545 of 2019 Applicant :- Mahfooz Alam Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashment of the entire proceedings of Complaint Case No. 2178 of 2016 (Abhay Raj Singh vs. M/s Elevation India), under Section 138 of Negotiable Instrument (N.I.) Act, Police Station - Sector 20, Noida, District - Gautam Buddh Nagar along with impugned summoning order dated 2.4.2018 passed by Additional Court Room No.2, Gautam Buddh Nagar.
While assailing the summoning order dated 2.4.2018, it has been claimed that the order is mechanical and has been passed without applying judicial mind and the same is on the face a stereo typed order passed after filling the blank space.
Bare perusal of the summoning order dated 2.4.2018 reflects that this is an order passed after filling in the blank space. Obviously, such orders cannot be said to be legal and cannot be sustained in the eye of law. It is required of the lower court to have applied its judicial mind and to have passed proper order and the proforma order should have been avoided by the court below.
Since, the order impugned dated 2.4.2018 is a proforma order, the same is quashed and it is directed that things shall be considered afresh after hearing the respondent no.2 and fresh order shall be passed.
However, it is observed that observation made shall not travel beyond periphery of this order and the court below shall be free to proceed further in accordance with law.
It is required that the respondent no.2 shall be given notice of this order that he is required to appear before the court below and to be heard on point of summoning and then fresh order of hearing shall be passed.
With the above directions, the instant application under Section -482 Cr.P.C. is finally disposed of.
Order Date :- 8.4.2019 S Rawat