Allahabad High Court
Lala Ram Singh And Another vs State Of U.P. And Another on 15 July, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 10723 of 2021 Applicant :- Lala Ram Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imran Khan Counsel for Opposite Party :- G.A.,Ashwani Kumar Mishra,Santosh Kumar Mishra,Vivek Srivastava Hon'ble Rajeev Misra,J.
Heard Mr. J.H. Khan, learned counsel for applicants, learned A.G.A. for State and Mr. Vivek Srivastava, learned counsel for complainant/opposite party-2.
This application under Section 482 Cr.P.C. has been filed challenging order dated 08/11.01.2021 passed by Special Chief Judicial Magistrate, Kanpur Nagar in Complaint Case No.1450 of 2017, under Section 138 N.I. Act and Sections 420, 120B I.P.C., Police Station- Govind Nagar, District- Kanpur Nagar, whereby non-bailable warrants along with process under Sections 82 and 83 Cr.P.C. have been issued against applicants.
At the very outset, learned A.G.A. as well as Mr. Vivek Srivastava, learned counsel for complainant/opposite party-2 have raised a preliminary objection regarding maintainability of present application. They submit that applicants had earlier approached this Court by means of Criminal Misc. Application (under Section 482 Cr.P.C.) No.24041 of 2019, (Lala Ram Singh and another Vs. State of U.P. and another) wherein, entire proceedings of above-mentioned complaint case including summoning order were challenged. However, aforesaid criminal misc. application (under section 482 Cr.P.C.) came to be dismissed by this Court vide order dated 01.07.2019.
For ready reference, order dated 01.07.2019 passed in above-mentioned criminal misc. application (under section 482 Cr.P.C.) is reproduced herein under:-
"Heard applicants counsel, Sri Ashwani Kumar Mishra and Sri Vivek Srivastava, learned counsel for respondent No. 2 and learned AGA.
This application under Section 482 Cr.P.C. has been filed for quashing of entire proceeding of Complaint Case no. 2261 of 2018, under Section 138 Negotiable Instruments Act and under Sections 420, 120-B IPC Police Station Govind Nagar, pending before the Special Chief Judicial Magistrate, Kanpur Nagar. Further prayer has been made to stay the further proceedings of the aforesaid case.
From the perusal of averments made in the complaint, prima facie a clear case for the offence punishable under Section 138 Negotiable Instruments Act and under Sections 420, 120-B IPC is made out against the accused-applicants.
It is contended by learned counsel for the applicants that no case against applicant No. 2 who is the wife of applicant No. 1 is made out.
From the bare perusal of the complaint, it is apparent that some agreement has been executed by the applicants for advancing the loan of Rs. 2,00,000/- to them.
Learned counsel for opposite party No. 2 has produced the Statement of Bank Account, from which it is apparent that on 01.09.2016 an amount of Rs. 2,00,000/- was transferred in the bank account of the applicants.
Subsequently, by the said amount, some land is said to have been purchased by the applicants.
Since, prima facie a clear case for the offence punishable under Section 138 Negotiable Instruments Act and under Sections 420, 120-B IPC is made out against the accused-applicants, there appears to be no illegality or infirmity in the impugned proceedings including the summoning order against the accused-applicants.
The application lacks merit and is, accordingly, dismissed."
Subsequently, applicants again approached this Court by filing Criminal Misc. Application (under Section 482 Cr.P.C.) No.7786 of 2020, (Lala Ram Singh and another Vs. State of U.P. and another), which also came to be dismissed vide order dated 25.02.2020 on the ground that same is not maintainable.
For ready reference, order dated 25.02.2020 passed in above-mentioned criminal misc. application (under section 482 Cr.P.C.) is also reproduced herein under:-
"Sri Ashwani Kumar Mishra, Advocate has filed his Vakalatnama on behalf of opposite party no. 2 in Court today is taken on record.
Earlier, an application under Section 482 Cr.P.C. No. 24041 of 2019 was filed with a prayer to quash the entire proceedings of Complaint Case No. 2261 of 2018, under Sections 138 N.I. Act and Sections 420, 120-B I.P.C., Police Station Govind Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar, in which, a co-ordinate Bench of this Court vide order dated 01.07.2019 dismissed the application.
Now, again, the applicants have approached this Court by means of application under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceedings in Complaint Case No. 2261 of 2018 (Neelam Singh Vs. Lala Ram Singh and another), under Section 138 N.I. Act & Sections 420, 120-B I.P.C., Police Station Govind Nagar, District Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar.
Since, this is the second application under Section 482 Cr.P.C. filed by the present applicants. The first application under Section 482 Cr.P.C. filed by the present applicants being Application U/S 482 No. 24041 of 2019 has been dismissed by a Co-ordinate Bench of this Court vide order dated 01.07.2019.
Therefore, this application is not maintainable at this stage.
This Application u/s 482 Cr.P.C. is wholly misconceived and it is accordingly dismissed."
On the aforesaid factual premise, it is thus urged that present application is the third criminal misc. application (under section 482 Cr.P.C.) filed by applicants. Since there is no change in circumstances, this application is also not maintainable.
It is next contended by learned A.G.A. and learned counsel for complainant/opposite party-2 that feeling aggrieved by summoning order as well as entire proceedings of above-mentioned complaint case, applicants approached this Court by means of application under Section 482 Cr.P.C., but same was dismissed vide order dated 01.07.2019. However, inspite of above order, applicants failed to appear before court below. Subsequently, non-bailable warrants were issued against applicants vide order dated 22.01.2019. This order dated 22.01.2019 has not been challenged before this Court. Ultimately, court below issued repeated non-bailable warrants against applicants, yet applicants failed to appear before court below. Consequently, process under Sections 82 and 83 Cr.P.C. have been issued against applicants. No infirmity or illegality has been committed by court below in passing impugned order.
When confronted with above, Mr. J.H. Khan, learned counsel for applicants could not overcome the same. He however submits that applicants are ready to settle the dispute. In view of law laid down in Damodar S. Prabhu Vs. Sayed Babalal, 2010 (5) SCC 663.
Learned counsel for informant contends that proceedings under Section 138 of N.I. Act are compoundable at any stage. Therefore, applicants are free to settle the dispute. Amount payable by applicants under the disputed cheque can be deposited before court below.
Having heard learned counsel for the parties and upon perusal of record as well as facts as noted above, this Court does not find any good ground to entertain this application. The application lacks merit and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 15.7.2021/Saif