Court No. - 25
Case :- APPLICATION U/S 482 No. - 31125 of 2018 Applicant :- Neeraj Kumar Mishra Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vinod Mishra,Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Anwar Hussain, learned counsel for the applicant and learned AGA.
This application under Section 482 has been filed for quashing the impugned summoning order dated 17.10.2017, impugned order issuing bailable warrant dated 30.11.2017 and impugned order issuing non bailable warrant dated 23.03.2018 as well as entire proceedings of Complaint Case No. 1357 of 2017 (Manjesh Kumar Shukla Vs. Shri Neeraj Kumar Mishra) pending in the Court of Special Chief Judicial Magistrate, Allahabad under Section 138 of Negotiable Instrument Act.
Learned counsel for the applicant submits that during the pendency of this application he has obtained his bail from the Court concerned. In view of the above, his prayer for quashing of summoning order as well as bailable and non bailable warrants became redundant. He further submits that the complainant has not given Rs. 8,00,000/- or any money to him and disputed cheque was not issued in the course of discharge of applicant's liability. Rather the cheque was lost during transit O.P. No. 2 is misusing the above cheque for his financial gains. In view of the above, his application deserves to be allowed.
Per contra, learned AGA submitted that all the submissions raised on behalf of the applicant for quashing of the summoning order relates to the factual aspect of the matter which could not be adjudicated without taking evidence on the above facts.
In view of the above, I have considered the above referred arguments raised on behalf of the parties and perused the record and found substance in the submission of learned AGA.
In view of the above relief for quashing of entire proceedings of aforesaid complaint case is hereby declined. However, in the facts and circumstances it is directed that in case applicant filed the discharge application at appropriate stage, the same will be heard and decided expeditiously in accordance with law by means of speaking and reasoned order.
With the above observation, this application is finally disposed of.
Order Date :- 13.9.2018 P Kesari