Court No. - 71
Case :- APPLICATION U/S 482 No. - 47078 of 2019 Applicant :- Raj Kumar Opposite Party :- State Of Up And Anr Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed against the order dated 24.07.2019 passed by the Chief Judicial Magistrate, Hapur in Complaint Case No. 1407 of 2019 (Munesh Chandra Vs. Raj Kumar), by which the applicant has been summoned under Section 138 N.I. Act.
3. Learned counsel for the applicant submits that the disputed cheques have been fraudulently used by the payee inasmuch as the applicant had reported the loss of cheque no. 589422, both to the police as also the bank.
4. Such plea may be available to the applicant by way of defence which would remain a factual dispute requiring evidence to be led before the same can be accepted. Admittedly, proceedings for offence under Section 138 N.I. Act are pending in the complaint case. Therefore, no interference is warrant at this stage at the instance of the applicant.
5. The present application is dismissed, leaving it open to the applicant to raise all his defences before the trial court.
Order Date :- 19.12.2019 AHA