Court No. - 49
Case :- APPLICATION U/S 482 No. - 13645 of 2021 Applicant :- Vaishnavi Real Estate Prviate Ltd Opposite Party :- State of U.P.
Counsel for Applicant :- Ashwani Kumar Sachan,Saurabh Sachan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Heard Sri Saurabh Sachan, learned counsel for applicant and Sri Vikas Goswami, learned AGA for the State.
2. Sri Saurabh Sachan submits that summoning order dated 17.10.2018, passed by learned Additional Court No. 2, Gautam Buddh Nagar, in Complaint Case No.892 of 2018, under Section 138 of the Negotiable Instrument Act, is on a printed proforma and reveals that non-application of mind while taking cognizance of the offence. He places reliance on the decision of this Court in Application U/S 438 No. 5525 of 2020 and 13883 of 2020 and prays for quashing of the cognizance order.
3. It has been submitted by learned counsel for the applicant that the Judicial Magistrate did not apply his judicial mind at the time of passing the cognizance order against the applicant as the impugned cognizance order has been passed on a printed proforma, which is not permissible under law. In support of his contention, learned counsel for the applicant has relied upon the judgment in the case of Ankit Vs. State of U.P. & Another; 2009 (9) ADJ 778.
4. Certified copy of the impugned cognizance order is annexed as Annexure-4 to the affidavit, which goes to show that the order has been passed on a printed proforma by filling up the blanks. Blanks on the printed proforma appear to have been filled by the court employee. Learned Additional Court No. 2, Gautam Buddh Nagar has simply put his initial over his name without applying his judicial mind before passing the said order.
5. The argument advanced on behalf of applicant has substance. The use of blanks printed proforma in passing the judicial order is not proper and the order of cognizance the applicant has been passed without application of judicial mind, which is substantiated by the fact that even the date has not been mentioned filling up the blanks which has been left in the rubber stamp for mentioning the date of appearance.
6. In view of the facts and circumstances of the case, stated above and the law laid down in case of Ankit Vs. State of U.P. & Another (supra), the impugned summoning order dated 17.10.2018, is hereby quashed. Learned court below is directed to pass a fresh order within a period of 15 days from the date of receipt of computer downloaded copy in PDF form of this order on the complaint after applying his judicial mind.
7. In above terms, Application is allowed/disposed off.
Order Date :- 16.8.2021 Ashutosh Digitally signed by Justice Vivek Agarwal Date: 2021.08.16 17:48:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad