Court No. - 38
Case :- APPLICATION U/S 482 No. - 3328 of 2019 Applicant :- Manju Mandal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of complaint case no. 41272 of 2017 (Bramh Prakash Sharma Vs. Manju Mandal) as well as summoning order dated 05.02.2018 passed by Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar, in complaint case aforesaid, under section 138 N.I. Act.
Learned counsel for the applicant submits that the cheque in question had not been placed in the account of the applicant and placed in different account which is neither related with the applicant nor in existence in the concerned bank, therefore, the proceedings under section 138 of N.I. Act cannot be initiated against the applicant. He further submits that the court below without considering the plea of the applicant passed the summoning order dated 05.02.2018, which deserves to be set aside. It is also submitted that placing of 9 cheques which were not filled up by the applicant and applicant signed the cheques as per the agreement entered in between the applicant and the complainant and the complainant has already received the agreed amount, therefore, whole proceedings of section 138 N.I. Act is vitiated in law.
Learned Additional Government Advocate appearing on behalf of the State-respondent vehemently opposed the contentions raised on behalf of the applicant and very candidly submitted that earlier the applicant has filed Application U/s No. 12709 of 2018 for the same relief and this Court vide order dated 17.04.2018 disposed of the application in the light of Damodar S. Prabhu Vs. Sayed Babalal H. [2015(5) SCC 663] and this the second application for the same, hence it is not maintainable.
From the perusal of the paper book, it reflects that the applicant on earlier occasion has already filed Application U/s No. 12709 of 2018 for the same relief and this Court vide order dated 17.04.2018 disposed of the application in the light of Damodar S. Prabhu Vs. Sayed Babalal H. [2015(5) SCC 663] and therefore, second application for the same relief is not maintainable.
Accordingly, the application being misconceived is dismissed.
Order Date :- 25.1.2019 Prajapati [Chandra Dhari Singh, J]