Court No. - 55
Case :- APPLICATION U/S 482 No. - 36472 of 2018 Applicant :- Panna Lal Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ghanshyam Das Mishra,Umesh Panday Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings of CNR No.UPMT04-002053/2017 (Chandra Pal Vs. Panna Lal), under Section 138 N.I. Act, P.S. Vrindavan, District Mathura, pending in the Court of Presiding Officer, Additional Court, Mathura.
The contention of learned counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. It is further submitted that pointed out certain documents and statements in support of his contention. It is further submitted that on 22.12.2012 an application alongwith affidavit has been filed in Suit No.3 of 2010 stating therein that entire amount in question has been received by the opposite party and there are no dues against the applicant, a copy of said application has been filed as annexure-11 to this 482 Cr.P.C. application.
After hearing the learned counsel for the applicant and learned A.G.A. for the State-respondent and after perusal of material available on record this Court is of the opinion that no useful purpose would be served in keeping this 482 Cr.P.C. application pending, which is finally disposed off with the liberty to the applicant to move an appropriate application alongwith copy of this order within a period 20 days from today, before the concerned Court below and if such an application is filed, the same shall be considered and disposed of as expeditiously as possible, strictly in accordance with law, preferably within a period of 45 days thereafter.
For a period of three months or till the disposal of aforesaid application filed by the applicant no coercive action shall be taken against the applicant.
In case application as aforesaid is not filed within the specified period as stated above, this order granting interim protection, shall automatically be vacated.
Order Date :- 31.10.2018 Dev/-