Court No. - 64
Case :- APPLICATION U/S 482 No. - 22038 of 2019 Applicant :- Vivek Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Surendra Kumar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record of this application.
This application under Section 482 Cr.P.C. has been filed to quash the impugned summoning order dated 25.07.2018 passed by Additional Court, Varanasi in complaint case no.1786 of 2018, under Section 138 N.I. Act, Police Station Sigra, District Varanasi, pending in the court of Additional Court, Varanasi.
Various plea in the shape of controversy has been raised regarding the fact of cheque being issued by the applicant in favour of O.P. No.2 the complainant of this case. Ground is that on 28.3.2018 the cheque leaf in question was misplaced and information regarding the same was given to police station and account was closed on 28.3.2017. Now, the story has been set up by O.P. No.2 that this cheque in fact was issued on 5th December, 2017, which on the face vindicates claim of the applicant that his cheque leaf was misplaced.
Heard the learned AGA for the State.
Assuming it to be that the submission is correct in all respect and the plea can be sustained even then the same needs proper scrutiny by the court below. The applicant is free to agitate his claim by moving appropriate application seeking his exoneration before the court below and in case any such application is so moved, the court below is required to make proper exercise and arrive at truth about the fact of issuance of cheque and then to proceed further in accordance with law.
For a period of six weeks from today no coercive action shall be taken against the applicant provided the applicant cooperates and participates in the proceeding.
In view of above, this application is finally disposed off.
Order Date :- 31.5.2019 Raj