Court No. - 75
Case :- APPLICATION U/S 482 No. - 42802 of 2019 Applicant :- Mahfooz Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Gupta 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 the summoning order dated 3.12.2015 as well as the entire proceedings of Misc. Case No. 599 of 2015 (Case No. 2100 of 2018), under Section 138 of N.I. Act, P.S. Kanth, District Shahjahanpur, pending in the court of Additional Chief Judicial Magistrate-III, Shahjahanpur.
As per the allegations made in the complaint, it is alleged that the applicant has issued a Cheque No. 201876 amounting to Rs.2,00,000/- dated 3.2.2015 in favour of Opposite Party No.2, however, on presentation, the said cheque was dishonoured by the bank. 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 u/s 138 of N.I. Act was 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 has summoned the applicant to face trial under Section 138 of Negotiable Instrument Act.
Learned counsel for the applicant has submitted that no due debt or liability exists, therefore, proceedings u/s 138 of N.I. Act cannot be drawn against the applicant.
Per contra; learned A.G.A. has submitted that disputed question of due debt or liability can not be considered at this stage and the learned Magistrate after requisite enquiry and considering the allegations made in the complaint, had summoned the applicant to face trial and there is no illegality or infirmity in the impugned order.
Having considered the rival submissions made by the counsel for the parties and keeping in view the fact that disputed question of due debt or liability cannot be considered at this stage when the evidence is yet to come. The impugned order is just, proper and legal and do not call for any interference.
The present application u/s 482 being devoid of merit is accordingly dismissed.
Order Date :- 26.11.2019 KU