Allahabad High Court
Smt. Asha Agrawal vs State Of U.P. & Another on 19 March, 2021
Author: Vikas Kunvar Srivastav
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- U/S 482/378/407 No. - 1478 of 2021 Applicant :- Smt. Asha Agrawal Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Anuj Pandey,Sudhir Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Kunvar Srivastav,J.
Called on.
Learned counsel for the applicant and learned Additional Government Advocate for the State are present in Court.
Present application under Section 482 Cr.PC. is moved on behalf of the applicant on the ground that against the same accused with regard to one transaction, two cases are pending i.e. (i) Complaint Case No. 299 of 2017 (M/S Yash Paper Limited Vs. Triveni Enterprises and two others), under Section 138 of the Negotiable Instrument Act, Police Station Kotwali Ayodhya, District Faizabad (ii) Case Crime No. 361 of 2014 (State of U.P. Vs. Smt. Asha Agarwal and another), under Section 406 IPC, Police Station Kotwali Ayodhya, District Faizabad.
Complaint Case No. 299 of 2017 (M/S Yash Paper Limited Vs. Triveni Enterprises & Two others), under Section 138 of N.I. Act, is pending in the court of Judicial Magistrate-II, Faizabad and another case i.e. Case Crime No. 361 of 2014 (State of U.P. Vs. Smt. Asha Agarwal and another), under Section 406 IPC, Police Station Kotwali Ayodhya, District Faizabad, is pending before Chief Judicial Magistrate, Faizabad.
Learned counsel for the applicant prayed that aforesaid two cases may be tried and decided together by one and single court. Learned counsel further submitted that the principle of 'no one can vexes twice' covers the cases as they are with regard to the same offence.
Learned AGA submitted that according to instructions received to him and the pleadings made by learned counsel in his application under Section 482 Cr.P.C., it is very clear that the offence under Section 138 of N.I. Act which is involved in the complaint case is with regard to bouncing of cheque. The basis of the offence under Section 138 of the N.I. Act is made the issuance of cheque by the applicant knowing very well that he has no sufficient fund in his account and consequent thereupon the cheque would be bounced. On formality made after bouncing of cheque with the service of notice and when the deficiency not made good, the offence is complained of before the court and court had taken cognizance. This is a separate matter from the offence under Section 406 IPC which arises on the misrepresentation inducing belief of the victim thereupon and thus, getting undue benefit.
Therefore, both the offences are separate in nature governed by the different Acts, as such principle of no one can be vexed twice', applies in this case.
Learned counsel for the applicant submitted that the actual vexation if called which the applicant is suffering is that he is the resident of another district Prayagraj while the case is pending in district Ayodhya (Faizabad) in two different courts. Therefore, the applicant suffers a lot when repeatedly he has to attend two different cases on different dates. As such, if the case be transferred in one court for simultaneous listing and hearing there, he would be convenient to ensure the participation in the case and disposal therefor quickly.
Learned AGA for the State submitted that if any such direction is given, he would have no objection.
After hearing the rival contention of the parties and offer of learned counsel for the applicant, there is no necessity to issue notice to opposite party no. 2 and the service of notice upon opposite party no.2 is, therefore, dispensed with.
The learned District Judge, Sessions Judge and then the court of Chief Judicial Magistrate, Ayodhya are directed to make suitable order to transfer both two cases i.e. (i) Complaint Case No. 299 of 2017 (M/S Yash Paper Limited Vs. Triveni Enterprises and two others), under Section 138 of the Negotiable Instrument Act, Police Station Kotwali Ayodhya, District Faizabad (ii) Case Crime No. 361 of 2014 (State of U.P. Vs. Smt. Asha Agarwal and another), under Section 406 IPC, Police Station Kotwali Ayodhya, District Faizabad, referred hereinabove in the body of the order, to one and same court so as to ensure the simultaneous listing and hearing of the cases.
The application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 19.3.2021 kkv/