Court No. - 64
Case :- APPLICATION U/S 482 No. - 7929 of 2019 Applicant :- Sundaram Pandey Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material brought on record.
By way of the instant application, the applicant has sought to quash the impugned summoning order dated 05.12.2017 passed by the ACJM VII, Kanpur Nagar in Complaint Case No.30877 of 2017, under Section 138 of N.I. Act, P.S. Swaroop Nagar, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magsitrate- VII, Kanpur Nagar.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against applicants is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations which have been backed up by sufficient material for drawing the proceeding against the applicant. Therefore, the prayer of quashment of the proceeding is refused.
However, in case, the applicant moves an appropriate application for discharge/bail before the court concerned within a period of three weeks' from the date of production of certified copy of this order before it, the same shall be considered and disposed of by the court concerned by passing a speaking and reasoned order in accordance with law.
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