Court No. - 64
Case :- APPLICATION U/S 482 No. - 21402 of 2019 Applicant :- Sumeet Bhati Opposite Party :- State Of Up And Another Counsel for Applicant :- Pramod Kumar 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 quashment of the summoning order dated 11.06.2018 passed by the Additional Court, Room No.3, Gautam Buddh Nagar and the proceeding in Complaint Case No.3829 of 2015, Jagveer Singh Vs. Sumeet Bhati, under Section 138 Negotiable Instruments Act, Police Station Surajpur, District Gautam Buddh Nagar.
Urge made on behalf of the applicant is confined to the extent that without application of mind, the summoning order was by the court below perfunctorily in mechanical way by filling in blank on stereotyped proforma and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicant under Section 138 Negotiable Instruments 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.
Upon consideration of the facts and circumstances of the case, obviously grave irregularity has been committed to the extent that without recording any statement straightway on stereotyped proforma by filling in blanks, the summoning of the applicant has been done in this case. How can it be resorted without recording statement of the complainant and witnesses. Therefore, the summoning order dated 11.06.2018 appears to have been passed by the court below without application of the judicial mind which is liable to be quashed.
Thus, in view of above, the summoning order dated 11.06.2018 by the Additional Court, Room No.3, Gautam Buddh Nagar in Complaint Case No.3829 of 2015, Jagveer Singh Vs. Sumeet Bhati, under Section 138 Negotiable Instruments Act, Police Station Surajpur, District Gautam Buddh Nagar, is quashed.
Consequently, the instant application is allowed.
It is made clear that the observation made in this order shall have no bearing on merit of the case and shall not cause any prejudice to the trial court.
Order Date :- 28.5.2019 rkg