Court No. - 75
Case :- APPLICATION U/S 482 No. - 43492 of 2019 Applicant :- Mohd. Shakir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned order dated 27.9.2019 and quash the entire proceedings of Complaint Case No. 684 of 2019 (Shan Mohd. Vs. Mohd. Shakir), under Section 138 of N.I. Act, P.S. Kotwali, District Meerut, pending in the court of Addl. Chief Judicial Magistrate, Meerut.
As per the allegations made in the complaint, it is alleged that the applicant has issued a Cheque No. 127044 amounting to Rs.3,00,000/- dated 18.12.2011 to Opposite Party No.2, however, on presentation, the said cheque was dishonoured. After the dishonour of the cheque, a notice was sent to the applicant to make good the payment however, despite being noticed the cheque amount was not paid as such, the present complaint u/s 138 of N.I. Act has been filed.
On the basis of the said complaint, learned Magistrate has recorded the statements of the witnesses and after making the requisite enquiry under Sections 200 and 202 CrPC has summoned the applicant to face trial under Section 138 of Negotiable Instrument Act vide order dated 23.4.2012. Pursuant to the said order the applicant appeared before the court and was released on bail and the entire evidence has already been recorded and the trial reached at the stage of 313 Cr.P.C.
Learned counsel for the applicant has submitted that cheque in question was in the name of Firm which has not been made a party and, therefore, the entire proceedings is bad in the eyes of law.
Per contra; learned A.G.A. has submitted that the impugned summoning order was passed against the applicant on 23.4.2012 and the entire evidence has already been recorded and the trial has reached the stage of 313 Cr.P.C. as such there is no reason to interfere, by this Court, at this stage. The present application is hopelessly barred by laches.
Having considered the rival submissions made by the counsel for the parties and taking into consideration the fact that the summoning order dates back to year 2012, entire evidence has already been recorded and the case has been fixed for recording the statement of the accused under Section 313 Cr.P.C., as such there is no reason to interfere in the matter at this belated stage.
The present application under Section 482 is devoid of merit and is accordingly dismissed.
Order Date :- 28.11.2019 KU