Court No. - 64
Case :- APPLICATION U/S 482 No. - 16909 of 2019 Applicant :- Satya Veer Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ravindra Kumar Tripathi,Anurag Prasad,Sarvanand Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 6.2.2019 passed by Additional Chief Judicial Magistrate, Anoopshahar, District Bulandshahar in Complaint Case No. 1214 of 2018 (M/s Harveer Singh Vs. Satya Veer Singh), under Section 138 N.I. Act, Police Station Naraura, District Bulandshahar as well as quash the entire proceeding of Complaint Case No. 1214 of 2018 (M/s Harveer Singh vs. Satya Veer Singh), under Section 138 N.I. Act, Police Station Naraura, District Bulandshahar, pending before the court of Additional Chief Judicial Magistrate, Anoopshahar, District Bulandshahar.
Contention is that in this case, the cheque in question was issued by the firm Bhavya Creators Private Limited for Rs. 14,25,00,000/-. Transaction was never entered into between the applicant and opposite party no.2. In fact, the brother-in-law of the applicant is the proprietor of Bhavya Creator Private Limited and transaction was in between the proprietor of the firm and opposite party no.2 and there was no occasion for the applicant to have entered into any such transaction as alleged. Therefore, the proceeding launched by way of 138 are erroneous and perverse.
Also heard the learned A.G.A.
After considering the averments and after considering the submission and perusal of the documents, obviously on the perusal of the affidavit filed in support of the complaint, it appears that the money in question has been handed over to the applicant in his personal capacity and this factual aspect need be considered by the court below.
At this stage, appreciation of fact regarding the intricacies of the transaction cannot be gone into in exercise of jurisdiction. Therefore, the prayer made for indulgence at this stage 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 discharge, the same shall be considered and disposed of by the court concerned in accordance with law after affording opportunity of hearing to the parties.
For a period of three weeks from today, 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 :- 29.4.2019 S Rawat