Court No. - 64
Case :- APPLICATION U/S 482 No. - 16302 of 2019 Applicant :- Rajiv Kamboz Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Madan Lal Rai 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 10.4.2017 passed by Additional Chief Judicial Magistrate, Court No.2, Ghaziabad and entire criminal proceeding of Complaint Case No. 3159 of 2017 (Kuldeep Sharma vs. Rajiv Kamboz) under section 138 N.I. Act, PS. Sihani Gate, District Ghaziabad.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against the applicant is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations, which have backed up by sufficient material for drawing the proceeding against the applicant. Therefore, the prayer of quashment of the proceeding is refused.
Also heard the learned A.G.A.
In this view of the matter, summoning order is just and no interference is required at this juncture.
However, in case, the applicant moves an application for discharge/bail before the court concerned within a period of three weeks from the date of production of certified copy of this order before it, the same shall be considered and disposed of by the court concerned by passing a speaking and reasoned order in accordance with law.
It is made clear that in event no such application is moved within the time prescribed above, the 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