Court No. - 64
Case :- APPLICATION U/S 482 No. - 16317 of 2019 Applicant :- Sanjay Agarwal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adarsh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed for quashment of the entire criminal proceeding of Complaint Case No. 2548 of 2013, under Sections 138 N.I. Act, pending in the court of M.M. Court No.7, Kanpur Nagar and summoning order dated 23.12.2013 passed by M.M. Court No.7, Kanpur Nagar.
Contention raised on behalf of the applicant is confined to the extent that in this case point involved as ascertained by the learned counsel for the applicant appears to be that the liability was owned by the Firm in question and the applicant happens to be associates of the firm in question and he cannot be prosecuted and proceeded in his independent capacity without the firm being impleaded as a party.
Allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicants under Section 138 N.I.Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned A.G.A. has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Considered the above submissions and the contents disclosed in the complaint. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and moves application for bail, the same shall be considered and disposed of by the court concerned in accordance with law after affording opportunity of hearing to the parties, expeditiously.
For a period of three weeks from today or till disposal of the aforesaid application, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 25.4.2019 Rk