Court No. - 72
Case :- APPLICATION U/S 482 No. - 36026 of 2019 Applicant :- Smt. Mohini Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Shukla,Pratibha Ojha Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Rajiv Shukla, learned counsel for the applicant and learned A.G.A. for the State.
By means of present application under section 482,Cr.P.C., the applicant challenges the summoning order dated 22.9. 2018 passed by Chief Judicial Magistrate, court no. 1, Meerut, in Complaint Case No. 673 of 2018, under section 138, Negotiable Instrument Act and prays for exemption from personal attendance before the court below on account of certain circumstances as stated in the affidavit.
On perusal of the record, since prima facie a clear case under section 138 of the Negotiable Instrument Act for dishonouring of the cheque is made out, there appears to be no illegality and infirmity in the impugned summoning order.
So far as the question of exemption from personal attendance of the applicant on the ground that her husband is suffering from cancer and that she is the only attendant to look after him, is concerned, suffice it to say that the applicant should appear before the court concerned and apply there for her exemption from personal attendance on the said grounds. In case the applicant appears before the court concerned and moves any such application for exemption from personal attendance within a period of three weeks from today, the same shall be considered and appropriate order thereon shall be passed by the Magistrate concerned in accordance with law.
With the above observations, the present application stands finally disposed of.
Order Date :- 27.9.2019 SNT/