Court No. - 44
Case :- APPLICATION U/S 482 No. - 18905 of 2018 Applicant :- Rajnish Vij Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ranjit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ranjit Saxena, learned counsel for the applicant and the learned A.G.A. for the State.
The application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of Complaint Case No. 3715 of 2014 (Sri Madhukar Anand Singh Vs. Rajnish Vij), under sections 138 N.I. Act, P.S. Hari Parwat, District Agra, pending in the Court of 8th Additional Chief Judicial Magistrate, Agra.
From the record, it appears that the summoning order was passed by the Court below on 17.9.2014. Therefore, this application has been filed after an expiry of period of more than three years and seven months from the date of passing of the summoning order dated 17.9.2014.
When the present application came up for admission on 3.7.2018, the Court passed the following order:-
"Heard Mr. Ranjit Saxena, learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 has been filed challenging the entire proceeding of Criminal Case No. 3715 of 2014 (Sri Madhukar Ananad Singh Vs. Rajnish Vij) under Section 138 N. I. ACT pending in the Court of 8th ACJM, Agra.
However on perusal of the record, the Court finds that the present application has been filed much after the passing of the summoning order. The laches in filing the present application have not been explained.
In view of the aforesaid, learned counsel for the applicant prays that he be granted a week's time to file a supplementary affidavit explaining the laches in filing the present application.
Accordingly, put up this matter as a supplementary fresh case on 17.07.2018. "
Today, learned counsel for the applicant has filed a supplementary affidavit in Court, which is taken on record. In paragraph 3 of the affidavit, it has categorically been stated that the summons of the above mentioned case were served upon the applicants on 18.10.2014. Apart from the aforesaid statement of fact, there is no averment in the entire supplementary affidavit explaining the laches in filing the present application.
As the laches in filing the present application remain unexplained, there is no occasion before this Court to entertain this application. The application is, accordingly dismissed.
Order Date :- 31.7.2018 Arshad