Court No. - 80
Case :- APPLICATION U/S 482 No. - 19543 of 2021 Applicant :- Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.PC has been filed by the applicant with the prayer to quash the entire criminal proceeding as well as summoning order dt. 10.2.2021, passed by A.C.J.M, Room No. 17, Etah in complaint case No. 5552 of 2020, Prakhar Kumar Gupta Vs. Manoj KUmar, under section 138 of N.I. Act P.S. Aliganj, District Etah pending in the court of A.C.J.M, Room No. 17 Etah.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the cheque in question has not been issued by the applicant and his signatures are forged and no debt or liability is due against him and as such entire criminal proceeding under section 138 of N.I. Act against the applicant be quashed.
Per contra, learned A.G.A. has submitted that the question whether cheque has been signed by the applicant or not and whether any due debt or liability exists upon the applicant are the questions to be considered at the stage of trial and not at this stage, as such entire proceedings can not be quashed.
Having considered rival submissions of learned counsel for both parties and taking into account that the disputed question of fact regarding signature and due debt or liability can not be considered at this stage when the evidence is yet to come and can well be considered at the stage of trial, as such the entire proceedings can not be quashed.
The present application filed under section 482 Cr.P.C. lacks merit and is accordingly dismissed.
Order Date :- 25.10.2021 R