Court No. - 64
Case :- APPLICATION U/S 482 No. - 20652 of 2019 Applicant :- Rakesh Kumar Dubey Opposite Party :- State Of Up And Another Counsel for Applicant :- Om Prakash Shukla 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, the applicant has sought quashment of the proceeding in Complaint Case No.803 of 2016, Tarun Batla Vs. Rakesh Kumar Dubey, under Section 138 Negotiable Instruments Act, 1881, Police Station Kotwali Hapur, District Hapur, pending in the court of the Chief Judicial Magistrate, Hapur.
Factual controversy has been urged on behalf of the applicant by submitting that in this case, blank cheque was given and it was never meant for Rs.7,58,744/- however, the liability of the applicant is very much confined to payment of Rs.4,53,913/- as per Sahara Publishing House Invoice details/statement of the account which has been annexed as annexure no.3 to the affidavit filed in support of this application. This amount, the applicant is ready to pay to the opposite party no.2, however, bailable warrant has been issued against him after summoning order was passed by the court below. It so happened that the blank cheque was misused and the aforesaid amount of Rs.4,53,913 was deliberately skipped instead Rs.7,58,744 was shown to be amount of the cheque in question.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously the contentious issue raised can not be gone into by this Court at this stage and whatever objection the applicant has against the liability, the same can be raised before the court below instead of raising the same before this Court. In case the applicant admits liability for Rs.4,53,913/- then the actual liability shall be assessed and adjudicated by the court below after proper appreciation of the claim of the applicant.
Thus, in view of above, the applicant is required to appear before the court below within one month from today and raise the plea before it, then the court below shall pass speaking order thereon regarding liability of the applicant to make payment to the opposite party no.2.
However, the applicant may also enter into compromise with opposite party no.2 by moving appropriate application, if he so wishes.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.5.2019 rkg