Court No. - 38
Case :- APPLICATION U/S 482 No. - 22163 of 2019 Applicant :- Yashpal Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 16.02.2018 as well as the entire proceedings of Complaint Case No. 2391 of 2017 (Prem Pal Vs. Yashpal), Under Section 138 N.I. Act, Police Station-Civil Lines, District-Muzaffar Nagar, pending in the Additional Court, Muzaffar Nagar.
Learned counsel for the applicant submitted that complaint under Section 138 N.I. Act 1881, PS-Civil Line has been filed on the ground that after presenting the cheque vide Bank memorandum dated 28.10.2014, it has been informed that account is closed. While entertaining the complaint, the summoning order dated 16.02.2018 has been issued on the ground of insufficient fund. Further, submitted that first of all the summoning order is factually incorrect as the aforesaid ground was not taken in the complaint dated 28.11.2014. Further, as per Section 138 N.I. Act, punishment can only be given in case of insufficient fund.
I have considered the submissions made by learned counsel applicant and perused the complaint dated 28.11.2014, Bank memorandum dated 28.10.2014 and summoning order dated 16.02.2018.
In the bank memorandum as well as complaint the ground mentioned is account closed whereas the summoning order dated 16.02.2018 has been issued on the ground of insufficient fund which is apparently incorrect. Therefore, the summoning order is hereby quashed.
Consequently, the application is allowed.
The matter is remanded back to the Additional Court, Muzaffar Nagar with a direction to pass fresh order within one month, in accordance with the provision under Section 138 N.I. Act, from the date of production of certified copy of this order providing opportunity of hearing to complainant i.e. opposite party no.2.
Order Date :- 4.6.2019/AKT