Court No. - 1
Case :- APPLICATION U/S 482 No. - 24787 of 2018 Applicant :- Smt Munesh Malik Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Raj Pandey, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of complaint case no. 2994 of 2013 (Krishna Pal Vs. Smt. Munesh Malik), under Section 138 N.I. Act, P.S. Baraut, District Baghpat.
Learned counsel for the applicant has contended that the opposite party no. 2 (complainant of the case No. 2994 of 2013, (Krishna Pal Singh Vs. Smt. Munesh Malik), under Section 138 N.I. Act, P.S. Baraut, District Baghpat, moved an application dated 2.5.2018 before the court below stating therein that the applicant/opposite party in that case) had already paid the cheque amount which had been received by the opposite party no. 2 and that no dispute remained out-standing, therefore, he did not want to pursue the complaint. The said application was moved before the court below on 12.6.2018 whereon next date was fixed for hearing as 9.7.2018 and since thereafter, the said application has not been disposed of. On inquiry, as to why, the opposite party no. 3 & 4 have been impleaded, he stated that complaint was filed from the side of opposite party nos. 2, 3 and 4 against the applicant and that the payment, which was made to all the three, was through one cheque only.
Looking to the above facts, court below is directed to decide the application of the opposite party no. 2, which is pending before it, expeditiously, preferably within a period of one month from the date of production of certified copy of this order.
With the above observations, application u/s 482 Cr.P.C. is disposed of.
Order Date :- 27.7.2018 A.P. Pandey