Court No. - 64
Case :- APPLICATION U/S 482 No. - 16273 of 2019 Applicant :- Pramod Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed for quashment of the summoning order dated 25.7.2018 passed by Additional Court, Muzaffarnagar and entire criminal proceeding of Complaint Case No. 3831/9 of 2018 (Pramod vs. Pramod) under section 138 N.I.Act, PS. Civil Lines, District Muzaffarnagar pending before the C.J.M. Muzaffarnanagar.
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 Sections 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.
Perusal of the record itself reflects that at this stage, it cannot be said that prima facie evidence is lacking for summoning the applicant under Section 138 N.I.Act.
Considered the above submissions and the contents disclosed in the complaint. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within 15 days from today and moves application for bail, the same shall be considered and disposed of by the court below, if convenient, on the same day. It is made clear that the applicant shall also participate in the proceeding.
For a period of 15 days from today, no coercive action shall be taken against the applicant.
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 above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 25.4.2019 Rk