Court No. - 68
Case :- APPLICATION U/S 482 No. - 16905 of 2019 Applicant :- Uttam And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 19.11.2018 passed by Chief Judicial Magistrate, Rampur as well as entire proceeding of Complaint Case No.2629 of 2018, Under Section 420 I.P.C., Police Station -Civil Line, District Rampur.
Learned counsel for the applicants contended that as per version of the complaint, opposite party no.2, Suresh Saini issued cheque of Rs. 3 lacs in favour of applicant no.1, Uttam. Later on applicant no.1 stated to opposite party no.2 that cheque is lost. On the basis of same cheque, applicant no.1 has filed complaint against opposite party no.2, under Section 138 of N.I. Act. Accordingly, from the version of complaint, no offence under Section 420 I.P.C. is made out. The applicant has not received undue advantage.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicants and contended that there is no illegality or infirmity in the impugned order passed by the trial court.
Alternative remedy is available to the applicants to submit application under Section 245(2) of the Code to get themselves discharged. Accordingly, it is not appropriate for this Court to exercise its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the summoning order and entire proceedings in the aforesaid case is hereby refused.
Accordingly, it is directed that in case the applicants file an application under Section 245(2) of the Code for discharge through counsel within 30 days from today, the same shall be decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive action shall be taken against the applicants.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 30.4.2019 Radhika