Court No. - 64
Case :- APPLICATION U/S 482 No. - 16248 of 2019 Applicant :- Vinay Jain Opposite Party :- State Of Up And Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought quashment of the summoning order dated 28.03.2016 passed by the Additional Chief Judicial Magistrate, Kairana, non-bailable warrant order dated 09.10.2018 passed by the Chief Judicial Magistrate, Shamli as well as entire proceeding in Complaint Case No.780/9 of 2016, under Section 138 Negotiable Instruments Act, Police Station Shamli, District Shamli, pending in the court of the Chief Judicial Magistrate, Shamli.
Contention raised on behalf of the applicant is confined to the ambit that the applicant is ready to pay Rs.5,00,000/- to opposite party no.2 as involved in this case provided some time is given to him.
Learned A.G.A. has supported the impugned orders.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the impugned orders suffer from any illegality. At this juncture, no interference is required by this Court. Therefore, the prayer of quashment of the impugned orders as well as proceeding is refused.
However, since the applicant is ready to pay Rs.5,00,000/- as involved in this case to the opposite party no.2, it is for the court below who may after coming to know that the applicant has paid Rs.5,00,000/- to opposite party no.2, pass the order on the application, if moved by the applicant within three weeks from today, under Section 245 Cr.P.C. and in case claim is found substantiated by the court below, exoneration of the applicant should follow. In case of any arrears due to the applicant, the court below is required to proceed further with the case in accordance with law.
For a period of three weeks from today or till disposal of the application, whichever is earlier, no coercive action shall be taken against the applicant.
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 rkg