Court No. - 64
Case :- APPLICATION U/S 482 No. - 16660 of 2019 Applicant :- Neeraj Agrawal Opposite Party :- State Of Up And Another Counsel for Applicant :- Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 5.7.2017 along with entire criminal proceeding of complaint case no. 171/2017 (Ravindraveer Singh vs Neeraj Agrawal), under Section 138 N.I. Act, P.S. Saroorpur, District Meerut, pending in the court of Judicial Magistrate Sardhana, District Meerut.
Contention is that the allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicant under Section 138 N.I. Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned A.G.A. has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against applicant is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations which have been backed up by sufficient material for drawing the proceeding against the applicant. Therefore, the prayer of quashment of the proceeding is refused.
In case, the applicant moves application for redressal of their grievance before the court below within a period of two weeks from today, court below is directed to pass appropriate orders after affording opportunity of hearing to both the sides and pass speaking and reasoned order in accordance with law.
For a period of two weeks' from today or till disposal of the application, whichever is earlier, no coercive action shall be taken against the applicant and effect and operation of the non-bailable warrant in question shall be kept in abeyance.
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 aforesaid directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.4.2019 S Rawat