Court No. - 68
Case :- APPLICATION U/S 482 No. - 15279 of 2019 Applicant :- Pradeep Kumar Gupta Opposite Party :- State Of Up And Another Counsel for Applicant :- Bablu Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicant with a prayer to quash the entire proceedings of Complaint Case No. 4648 of 2018 (Smt. Neeru Jain v. Pradeep Kumar Gupta), under Section 406 of I.P.C., Police Station - Kotwali, District - Ghaziabad as well as the summoning order dated 18.01.2019 passed by A.C.J.M., Court No. 7, Ghaziabad.
Learned counsel for the applicant contended that as per prosecution version, opposite party no. 2 Smt. Neeru Jain issued a blank cheque in the name of the applicant. Accordingly, offence under Section 406 I.P.C. is not made out against the applicants.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicant and contended that there is no illegality or infirmity in the impugned summoning order passed by the trial court.
Alternative remedy is available to the applicant to submit application under Section 245(2) of the Code to get himself discharged. Accordingly, it is not appropriate for this Court to exercise its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the entire proceedings as well as the summoning order in the aforesaid case is hereby refused.
Accordingly, it is directed that in case the applicant files an application under Section 245(2) of the Code for discharge within 30 days from today, the same shall be decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive measures shall be adopted against the applicant.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 29.4.2019 I. Batabyal