Court No. - 48
Case :- APPLICATION U/S 482 No. - 10423 of 2018 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of impugned order dated 17.3.2015 as well as entire proceedings in Complaint Case No.2348/9 of 2017 under Sections 138 of the Negotiable Instruments Act, Police Station-Kotwali, District-Muzaffar Nagar pending in the court of Additional Court, Muzaffar Nagar.
Sri Sushil Kumar Pandey, Advocate holding brief of Sri Ajay Kumar Srivastava, applicants' counsel as well as learned A.G.A. are present.
Sri Amit Daga, Advocate has filed Vakalatnama on behalf of O. P. no.2, which is taken on record.
At the very outset it has been pointed out by Sri Amit Daga, learned counsel appearing on behalf of O. P. no.2 that the material facts in this application have been suppressed and there is a long history of making or subjecting the process of the Court to ill use by the applicant. He has been evading the process of law almost on regular basis and have been exploiting the indulgence of the Court time and again. The undertakings which were given by him in the Court were flouted and not complied with. The bail which was granted to him was also subjected to misuse and he fled away from the process of Court at some point of time. The details as to how the applicant has been misusing the process of the Court has been pointed out. On an earlier occasion when the warrants were issued against him he had approached the High Court and was given a time of 30 days to appear before the Court and the warrants were stayed for that period. According to the counsel even that petition was filed after suppressing crucially material facts as subsequent to the order dated 1.6.2015 which was challenged in the petition so many further orders had been passed by the Court. The applicant had already appeared in the Court below and obtained bail on the condition that the relevant money shall be deposited in four installments. Submission is that once again the process of the Court is being attempted to be exploited by the applicant without disclosing the complete history of the matter.
When the query was raised by the Court with regard to the objections that have been raised, the counsel holding brief was candid enough to state that he had absolutely no knowledge about this history and it appears that correct facts have not been disclosed to him. He has further stated that as he is holding brief, therefore, also is not knowing all the facts. It was also submitted by Sri Sushil Kumar Pandey, counsel holding brief of applicants' counsel that earlier an application u/s 482 being Application u/s 482 No.34092 of 2017 was filed by another counsel namely Ms. Saima Saher and that may also be the reason as to why the full facts were not in the knowledge of the present counsel for the applicant. Sri Pandey has tendered unconditional apology for all these facts and has submitted that knowingly no fact has been suppressed. He was fair enough to pray that in the background of facts that have been disclosed by the counsel for the other side, this application deserves to be outrightly rejected.
In the aforesaid background this application stands dismissed.
This Court could have proceeded further in order to probe into all the aforesaid aspects of the suppression of material facts, but in view of the unconditional apology tendered by Sri Sushil Kumar Pandey, Advocate appearing on behalf of the applicant, the matter stands dropped in that regard.
Order Date :- 30.3.2018 Manish Himwan