Court No. - 72
Case :- APPLICATION U/S 482 No. - 24103 of 2017 Applicant :- Smt. Reeta Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Pal Singh Jadaun,Dur Vijay Singh Counsel for Opposite Party :- G.A.,Jai Prakash Prasad
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dur Vijay Singh, learned counsel for the applicant, Sri Jai Prakash Prasad, learned counsel for the opposite party no.2 and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No. 828 of 2016 (Smt. Radha Awasthi Vs. Reeta Singh & Another), under Sections- 406, 420 I.P.C., Police Station- Bannadevi, District- Aligarh, as well as summoning order dated 19.06.2017 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Aligarh, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Aligarh .
3. Learned counsel for the applicants submits that the dispute between the parties was purely civil and private in nature arising out of some money transaction but the same has been unnecessarily given a colour of a criminal prosecution. Also, reference has been made to another matter between the parties whereas the proceedings have been quashed on the basis of compromise reached therein.
4. Learned counsel for the opposite party no.2, on the other hand submits that the compromise has been reached since Mrs. Sangeeta Singh had returned the cheque that had been handed over to her by way of surety without encashing the same. However, the present applicant Anurag Singh who had been given a similar cheque of Rs.7,00,000/- by way of security had wrongly encashed the same, and therefore, the ingredient of the offence is made out. Also, similar allegation had been made with respect to Rs.2,00,000/- in cash. In such facts, it is difficult to grant relief of quashing the proceeding against the present applicants.
5. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
6. With the aforesaid directions, this application is finally
disposed of.
Order Date :- 26.4.2019 S.Chaurasia