Court No. - 64
Case :- APPLICATION U/S 482 No. - 20785 of 2019 Applicant :- Raj Mohan Yadav Opposite Party :- State Of U.P. And Another 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 material brought on record.
This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceeding of Complaint Case No. 6904296/2018 (Vivek Jain Vs. Ram Mohan Yadav), under Section 138 Negotiable Instrument Act, Police Station Shahganj, Agra along with the summoning order dated 29.10.2018, pending in the court of Special Court No.2, Agra.
The claim of the applicant is that in this case, initially Rs. 6 lakhs was admittedly taken by the applicant from opposite party no.2. However, this amount was later on manipulated and increased to Rs.7,30,000/-, which amount the applicant has already paid by means of cheque and N.E.F.T. and a detail of the same has been made out in paragraph no.9 of the affidavit appended to the application. Learned counsel for the applicant also claimed that the aforesaid amount was debited from the account of the applicant and the statement of account has also been annexed herewith as Annexure No.4.
Also heard the learned A.G.A.
Learned A.G.A. has submitted that in this case, perusal of the record shows that the cheque bounced is for Rs. 1 lakh and the cheque is numbered 041821 and the amount if any paid towards the liability to opposite party no.2 by the present applicant, then the same may be well scrutinized by the lower court itself.
Considered the rival submissions and considered the entirety of the case. Admittedly in this case, the transaction is admitted to the applicant, though some controversy has been raised that the amount varies, regarding which the lower court itself is the final arbiter, at this juncture. However, bare perusal of the various order sheets brought on record is indicative of fact that in this case, initially summon was issued and later on bailable warrant for Rs. 10,000/- has been issued against the applicant. Applicant is required to appear before the court below and to move appropriate application proving fact that he has already paid the entire amount and it is the bounden duty of the court below to consider the aspect of payment in full and in case, payment in full is found to be the fact situation, then obviously consequential order be passed winding up the proceeding. However, if something remains to be paid, then the court below may again give some reasonable time to the applicant to make payment and in case, the applicant makes payment in this fixed extended period, then again consequential order may be passed winding up the proceeding.
Applicant is required to appear before the court below at his convenience.
With the aforesaid observation, this application stands disposed of.
Order Date :- 30.5.2019 S Rawat