Allahabad High Court
Jyoti Prakash Gupta vs State Of U.P. And Anr on 5 December, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 44519 of 2019 Applicant :- Jyoti Prakash Gupta Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant for quashing the impugned summoning order dated 15.03.2017 as well as entire criminal proceedings of Complaint Case No. 1382 of 2015 registered as Case No.81 of 2016, under Section 138 of Negotiable Instruments Act, Police Station Badagaon, District Jhansi, pending in the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Jhansi.
As per the allegations made in the complaint, it is alleged that the applicant has issued a cheque dated 09.05.2015 in favour of the Opposite Party No.2. On presentation of the said cheque before the Bank, the same was dishonoured and returned back.
After dishonour of the cheque, a legal notice was sent to the applicant to make good the payment of the cheque amount, however, despite being noticed, the applicant has not made good the payment of the cheque amount, as such, a complaint under Section 138 of Negotiable Instruments Act has been filed by the Opposite Party No.2 against the applicant.
On the basis of the said complaint, learned Magistrate, after considering the allegations made in the complaint and making requisite enquiry under Sections 200 CrPC and 202 CrPC, has summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act vide order dated 15.03.2017.
Learned counsel for the applicant could not point out any illegality or infirmity in the impugned order passed by the court below.
Per contra, learned AGA has supported the impugned summoning order and has submitted that on the basis of allegations made in the complaint and making requisite enquiry, learned Magistrate has rightly summoned the applicant to face trial. Moreover, the applicant was summoned vide order dated 15.03.2017 and the present application is hopelessly barred by laches and the application is liable to be dismissed.
Having considered the submissions made by learned counsel for the parties and taking into consideration the impugned order passed by the court below, by which the applicant was summoned to face trial vide order dated 15.03.2017, it is evident that the said order is based on appreciation of allegations made in the complaint and after making requisite enquiry under Sections 200 and 202 CrPC, as such, the impugned order is just, proper and legal and do not call for any interference at this stage. Moreover, there is no explanation of delay in filing the present application, which is hopelessly barred by the laches, as such, no interference is required at this stage.
Present application under Section 482 CrPC is devoid of merit and it is accordingly dismissed.
Order Date :- 5.12.2019 Nadim