Court No. - 68
Case :- APPLICATION U/S 482 No. - 15382 of 2019 Applicant :- Pravesh Kumar Shukla Opposite Party :- State of U.P. And Another Counsel for Applicant :- Raghav Dwivedi Counsel for Opposite Party :- G.A.,Padmaker Pandey,Sunil Kumar Srivastava
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This application U/s 482 Cr.P.C., has been filed on behalf of the applicant for quashing the summoning order dated 22.10.2018 passed by Judicial Magistrate, Ghaziabad in Complaint Case No. 1676 of 2018 (M/s. Sintech Precession Products Pvt. Ltd. Vs. Pravesh Kumar Shukla) under Sections 420, 408 IPC, Police Station Kavinagar, District Ghaziabad.
Learned counsel for the applicant contended that the opposite party No. 2 (M/s Sintech Precession Products Pvt. Ltd. Ghaziabad) has not filed any evidence to show that the applicant has sold the goods belonging to the Company of the opposite party No. 2 showing his own. Accordingly, no offence is made out against the applicant.
Learned counsel appearing for the opposite party No. 2 contended that the opposite party No. 2 has submitted all the relevant evidence and documents to construe offence against the applicant.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicant to get himself discharge from the court concerned. Therefore, it is not appropriate for this Court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicant applies for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicant.
Accordingly, this application under Section 482 Cr.P.C., is disposed of. Order Date :- 29.4.2019 Jaswant