Court No. - 75
Case :- APPLICATION U/S 482 No. - 45163 of 2019 Applicant :- Smt. Meera Devi Dhanger Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants for quashing the impugned summoning order dated 23.09.2016 as well as entire criminal proceedings of Complaint Case No. 1930 of 2016, (Arvind Kumar Rathaur Vs. Smt. Meera Devi Dhangar), under Section 138 of Negotiable Instruments Act, Police Station South, District Firozabad, pending in the court of learned Additional Chief Judicial Magistrate-II, Firozabad.
As per the allegations made in the complaint, it is alleged that the applicant had issued a cheque bearing no. 000007 dated 31.07.2016 in favour of the Opposite Party No.2 for an amount of Rs.5,29,900/-. On presentation of the said cheque before the Bank, it was dishonoured and returned back.
After dishonour of the cheque, a legal notice was sent to the applicant to make good the payment of the cheque amount, however, despite being noticed, the applicant has not made good the payment of the cheque amount, as such, a complaint under Section 138 of Negotiable Instruments Act has been filed by the Opposite Party No.2 against the applicant.
On the basis of the said complaint, learned Magistrate, after considering the allegations made in the complaint and making requisite enquiry under Sections 200 CrPC and 202 CrPC, has summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act vide order dated 23.09.2016.
Learned counsel for the applicant has submitted that since the 'stop payment' of the cheque was made by the applicant, therefore, provisions of Section 138 of Negotiable Instruments Act would not be attracted.
Per contra, learned AGA for the State has supported the impugned summoning order and has submitted that even if the cheque has been dishonoured on account of stop payment made by the applicant, provisions of Section 138 of Negotiable Instruments Act, would be clearly attracted. There is absolutely no illegality or infirmity in the impugned order and the application is liable to be dismissed.
Having considered the submissions made by learned counsel for the parties and considering the reasons assigned in the impugned order and keeping in view the well settled principle of law that where the cheque has been dishonoured on account of instruction by the applicant to stop the payment of cheque, provisions of Section 138 of Negotiable Instruments Act, would be clearly attracted, I do not find any illegality or infirmity in the impugned order passed by the court below.
Moreover, by means of this application, the applicant has challenged the impugned summoning order dated 23.09.2016 and there is no explanation for delay in filing the present application, which is hopelessly barred by laches, as such no interference can be made at this stage.
Present application under Section 482 CrPC is devoid of merit and it is accordingly dismissed.
Order Date :- 17.12.2019 Nadim