Court No. - 64
Case :- APPLICATION U/S 482 No. - 20640 of 2019 Applicant :- Raj Kumar Jurail Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, challenge has been made to the order dated 22.01.2019 passed by the Additional Court No.1, Agra, in Complaint Case No.1827 of 2016, Raj Kumar Vs. Ashish and others, under Section 138 Negotiable Instruments Act, Police Station Khandouli, District Agra and the order dated 25.10.2018 passed by the XII-Additional Sessions Judge, Agra in Criminal Revision No.160 of 2018, Ashish Sharma Vs. State of U.P. and another.
Grievance of the applicant is that in this case, the complaint moved by him under Section 138 Negotiable Instruments Act was rejected by the courts below on account of non-impleadment of the proper and necessary party. Initially, the matter was taken up by the applicant-complainant before the court of the first instance then the revision was preferred by opposite party no.2 whereupon the matter was remanded for proper consideration in the light of the mandate contained under the provisions of Section 141 of the Negotiable Instruments Act. Subsequently, while considering the case of the non-impleadment of necessary party and applying the case law as reported in (2012) 3 SSC (Crl) 241, Aneeta Hoda Vs. Godfather Travels and Tours Pvt. Ltd., the court below rejected the complaint under Section 245(2) Cr.P.C. and exonerated the opposite party nos.2 and 3 of the charge levelled by the applicant.
Upon perusal of the orders impugned in this application, no perversity has appeared, for the reason that the court below was within its jurisdiction to pass the impugned order in view of the provisions of Section 141 Negotiable Instruments Act and applied correct law. Therefore, no interference is required by this Court and the prayer for quashment of the impugned orders is refused.
Consequently, the instant application under Section 482 Cr.P.C. is finally disposed of.
However, the applicant may move appropriate application before the court below, if he so desires.
Order Date :- 30.5.2019 rkg