Court No. - 80
Case :- APPLICATION U/S 482 No. - 13992 of 2021 Applicant :- Niranjan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahenshah Akhtar Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant for quashing the impugned summoning order dated 18.12.2014 as well as entire criminal proceedings of Complaint Case No. 630 of 2013, (Lalit Singh Vs. Niranjan Singh), under Section 138 of Negotiable Instruments Act, Police Station Pannuganj, District Sonbhadra, pending in the court of learned Chief Judicial Magistrate, Sonbhadra.
As per the allegations made in the complaint, it is alleged that the applicant had issued a cheque dated 20.01.2013 for an amount of Rs.45,600/- in favour of the opposite party no.2. On presentation of the said cheque before the Bank, it was dishonoured.
After dishonour of the cheque, a legal notice was sent to the applicant to make good the payment of the cheque amount, however, despite being noticed, the applicant has not made good the payment of the cheque amount, as such, a complaint under Section 138 of Negotiable Instruments Act has been filed by the opposite party no.2 against the applicant.
On the basis of the said complaint, learned Magistrate, after considering the allegations made in the complaint and making requisite enquiry under Sections 200 and 202 CrPC, has summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act vide order dated 18.12.2014.
Learned counsel for the applicant has submitted that in the present case, summons have not served upon the applicant, as such, he could not challenge the said proceedings.
Learned counsel for the applicant has next submitted that the complaint is time barred, therefore, entire proceedings, initiated against the applicant, be quashed.
Per contra, learned AGA has supported the impugned summoning order and has submitted that the applicant was summoned vide order dated 18.12.2014 and since then, more than seven years has already lapsed, for which, there is no explanation given by the applicant.
Learned AGA has further submitted that the question of delay in filing the complaint shall be suitably considered during the course of trial. There is absolutely no illegality or infirmity in the impugned summoning order and the present application is liable to be dismissed.
Having considered the rival submissions made by learned counsel for the parties and considering the fact that the question of delay in filing the complaint shall suitably be considered during the course of trial. The laches in filing the present application has also not been properly explained, as such, impugned summoning order dated 18.12.2014 passed by the trial court is just, proper and legal and do not call for any interference by this Court at this belated stage.
Present application under Section 482 CrPC is devoid of merit and it is accordingly dismissed.
Order Date :- 12.8.2021 Nadim Digitally signed by RAJIV GUPTA Date: 2021.08.13 15:09:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad