Court No. - 48
Case :- APPLICATION U/S 482 No. - 2618 of 2019 Applicant :- Manoj Kumar Agrawal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Braj Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of complaint case no. 845 of 2018 under Section 138 Negotiable Instruments Act, arising out of summoning order dated 15.9.2018 pending in the court of Chief Judicial Magistrate, Etah.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint offence under the aforesaid Section is not made out against the applicant. It is next contended that date of service of notice has not been disclosed in the complaint. There was no existing debt or liability to issue the cheque in question. It is also submitted that such huge amount is said to be paid but manner, mode and date of payment has also not been disclosed in the complaint. Referring to the entire facts, it is submitted that impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that applicant has been summoned in accordance with law. The impugned order does not suffer from any illegality or infirmity.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, to adjudicate / decide the pleas raised before this Court, leading of evidence would be required which can appropriately be done before the court concerned at appropriate Stage. Hence, the prayer made in the present application is refused.
With the above observations, the application stands disposed of.
Order Date :- 22.1.2019 safi