Madhya Pradesh High Court
Ameen Hussain vs Akash Kumar Dwivedi on 2 January, 2019
1 MCRC-51510-2018
The High Court Of Madhya Pradesh
MCRC-51510-2018
(AMEEN HUSSAIN Vs AKASH KUMAR DWIVEDI)
1
Jabalpur, Dated : 02-01-2019
Shri Prakash Upadhyay, learned counsel for the applicant.
Issue notice to the respondent on payment of process fee within a
period of three days by registered AD as well as ordinary mode.
Notice be made returnable within a period of two weeks. Heard on I.A.No.21707/2018, an application for grant of stay.
Present petition under Section 482 of the Cr.P.c. has been filed by the applicant for quashing the entire criminal proceedings in R.C.T. No.219/2018 pending before the JMFC, Satna for the offence punishable under Section 420, 467, 468, 471 and 120-B of the IPC.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Respondent has issued a cheque in the favour of the applicant in the sum of Rs. 2,50,000/- of business relationship and the aforesaid cheque was deposited by the applicant but the same was dishonored. Thereafter, notice was given to the respondent. After that, the applicant has filed a case against the respondent before the JMFC for the offence punishable under Section 138 of the NI Act. After three years, the respondent has also filed a counter blast case against the present applicant, on the basis of forged cheque. There is fair chances to succeed in the case. Final hearing of this petition will take time. If the further proceeding of RCT No.219/2018 is not stayed, the applicant will suffer irreparable loss. In support of his contention he relied the judgement of Hon'ble Apex Court in the case of Mahindra & Mahindra Financial Services Limited and another Vs Rajiv Dubey reported in 2009(1) SCC 706, He also produced the copy of judgments passed by this High Court in the case of Ameen Khan Vs. State of M.P. reported in 2014 SCC (Online) M.P. 3864 , G.D. Choudhary Vs. Vishnukumar & Another reported in 2009 SCC 2 MCRC-51510-2018 (Online) MP 763 and also Adarsh Singh Kushwaha Vs. State of M.P. reported in 2016 (3) MPLJ Page 176. Therefore, he prays for grant of stay.
After considering the arguments advanced by learned counsel for the applicant as an interim measure, further proceedings of R.C.T No.219/2018 pending before the JMFC, Satna shall remain stayed for three months or disposal of this petition, whichever is earlier.
List the matter after two weeks.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE sp Digitally signed by SAVITRI PATEL Date: 2019.01.03 15:58:49 +05'30'