Court No. - 13
Case :- APPLICATION U/S 482 No. - 26730 of 2018 Applicant :- Tarachandra Opposite Party :- State Of Up And Anotehr Counsel for Applicant :- Rakesh Pathak,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 3047 of 2015 (Jaswant Singh Vs. Tarachand), under Section 138 of the Negotiable Instruments Act, Police Station- Kotwali, District Pilibhit.
Learned counsel for the applicant contended that no offence against the applicant is disclosed. Present case has been filed with a malafide intention for the purposes of harassment.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.
In view of the above, the prayer for quashing the entire proceeding in the aforesaid case is refused.
Accordingly, application under section 482 Cr.P.C. is dismissed.
Order Date :- 23.8.2018 Sharad/-