Court No. - 64
Case :- APPLICATION U/S 482 No. - 16160 of 2019 Applicant :- Munshi Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant has sought for quashment of the proceeding in Complaint Case No.7220 of 2017 HDFC Bank Ltd. Vs. Munshi Lal, under Section 138 Negotiable Instruments Act, Police Station Sikandra, District Agra.
Learned counsel for the applicant has submitted that the proceeding drawn is in utter misuse of the process of the court and the same cannot be allowed to go on as the court below in mechanically way without applying its mind has issued summoning order against the applicant.
Learned A.G.A. has supported the impugned order.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously point raised before this Court can be raised before the court below instead of raising the same before this Court and the court below shall, upon presentation of such application, dispose of the same on its merits.
Thus, in view of above, it is provided that in case the applicant appears and moves application before the court concerned within one month from today, raising plea regarding deposition of the amount in question, the same shall be considered and disposed of by the court concerned in accordance with law after giving opportunity of hearing to the parties, expeditiously.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 25.4.2019 rkg