Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the proceedings of the Complaint Case No. 15556 if 2009 (Vivek Khanna v Surendra) under Section 420 IPC and also for quashing the summoning order dated 11.09.2009 passed by the Chief Judicial Magistrate, Allahabad. It is contended by learned counsel for the applicant that proceedings under Section 138 of the Negotiable Instruments Act have been initiated against the opposite party no. 2 after dishonouring of his cheque, in which the opposite party no. 2 was summoned and was subsequently granted bail. It is argued that as a counter blast opposite party no. 2 has initiated the present prosecution by concealing the aforesaid fact, which is gross misuse of the process of law.
Issue notice to opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time for filing counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicants, two weeks thereafter is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 11.1.2010 shailesh