Court No. - 75
Case :- APPLICATION U/S 482 No. - 46700 of 2019 Applicant :- Ravendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant for quashing the impugned order dated 22.05.2019 as well as entire criminal proceedings of Complaint Case No. 57 of 2019, (Gayasuddin Vs. Ravendra Kumar), under Section 138 of Negotiable Instruments Act, Police Station Kotwali, District Kannauj, pending in the Court of learned C.J.M., Kannauj.
As per the allegations made in the complaint, it is alleged that the applicant had issued a cheque bearing no. 579842 dated 04.12.2018 in favour of the Opposite Party No.2 for an amount of Rs.21,97,641/-. On presentation of the said cheque before the Bank, it was dishonoured and returned back.
After dishonour of the cheque, a legal notice was sent to the applicant to make good the payment of the cheque amount, however, despite being noticed, the applicant has not made good the payment of the cheque amount, as such, a complaint under Section 138 of Negotiable Instruments Act has been filed by the Opposite Party No.2 against the applicant.
On the basis of the said complaint, learned Magistrate, after considering the allegations made in the complaint and making requisite enquiry under Sections 200 CrPC and 202 CrPC, has summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act vide order dated 22.05.2019.
Learned counsel for the applicant has submitted that the cheque in question was given to the Opposite Party No.2 as a security, therefore, proceedings under Section 138 of the Negotiable Instruments Act can not be drawn against the applicant.
Per contra, learned AGA for the State has supported the impugned summoning order and has submitted that even if the cheque has been given as a security, proceedings under Section 138 of Negotiable Instruments Act can be drawn against the applicant.
Learned AGA has further submitted that the learned Magistrate, after considering the allegations made in the complaint and after making requisite enquiry, has summoned the applicant to face trial and there is absolutely no illegality or infirmity in the impugned summoning order and the application is liable to be dismissed.
Having considered the rival submissions made by learned counsel for the parties and considering the reasons assigned in the impugned summoning order and keeping in view the fact that even if the cheque has been given as a security, proceedings under Section 138 of Negotiable Instruments Act can be initiated against the applicant, as such, I do not find any illegality or infirmity in the impugned order passed by the court below, which does not warrant any interference by this Court at this stage.
Present application under Section 482 CrPC is devoid of merit and it is accordingly dismissed.
Order Date :- 17.12.2019 Nadim