Court No. - 64
Case :- APPLICATION U/S 482 No. - 16672 of 2019 Applicant :- Manpreet Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Kumar Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
By way of the instant application, the applicant has sought to quash the summoning order dated 18.04.2013 passed by Judicial Magistrate, Baheri, Bareilly in Complaint Case No.1653 of 2012, under Sections 138 N.I. Act, under Sections 406, 420 IPC, Police Station Baheri, District Bareilly.
Contention is that the applicant has neither issued the cheque nor the cheque pertains to the account in question held by the applicant. The entire complaint is vexatious and outcome of malicious. The averments made in the complaint are false.
Also heard the learned A.G.A.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is evident from the record that the claim so raised being contentious, the same can be agitated before the appropriate forum, as the same cannot be adjudicated upon by this Court at this stage. The same falls within the domain of the court below/appropriate forum.
In this view of the matter, summoning order is just and no interference is required at this juncture.
However, in case, the applicant moves an appropriate application for redressal of his grievance before the court concerned within a period of two weeks' from the date of production of certified copy of this order before it, the same shall be considered and disposed of by the court concerned by passing a speaking and reasoned order in accordance with law.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 26.4.2019 Raj