Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of complaint case No. 1846 of 2007 under section 138 N.I. Act pending in the court of learned C.J.M. Pratapgarh.
From the perusal of the record it appears that in the present case the learned Magistrate concerned has taken the cognizance after considering the allegation made in the FIR and statement recorded under section 200 Cr.P.C. The allegation prima facie disclosing the commission of offence under section 138 N.I. Act. There is no illegality in the impugned order dated 30.9.2004. The learned revisional court has also not committed any error in dismissing the criminal revision vide order dated 24.8.2007 in criminal revision No. 434 of 2004. There is no good ground for quashing the proceedings of above mentioned case, the prayer for quashing the same is refused.
Considering the same, it is directed that in case the applicant appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. (2004) (57), ALR, 390.
With this direction, this application is finally disposed of.
Order Date :- 8.12.2010 RPD