Court No. - 64
Case :- APPLICATION U/S 482 No. - 16805 of 2019 Applicant :- Ravindra Shankar Chaubey Opposite Party :- State Of Up And Another Counsel for Applicant :- Saroj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for setting aside of the order dated 11.3.2019 passed by the Additional Court, Varanasi in complaint case no. 1000 of 2017(Shashi Kant Pandey Versus Ravindra Shanker Chaubey) under section 138 N.I.Act P.S. Manduadeeh district Varanasi whereby the trial court has rejected the discharge application of the applicant Upon consideration of various aspect of the matter, obviously, the grounds urged before the courts below pertain to the applicability of section 258 Cr.P.C., which was rightly refused by the courts below on the ground that the proceedings under section 138 Cr.P.C. does not fall under section 258 Cr.P.C. As such discharge sought on that contention was refused. The order impugned is sustained at this stage no interference is required.
The observation made hereinabove will have no bearing upon the merits of the case.
Order Date :- 26.4.2019 N.A.