Allahabad High Court
Manohar Lal Gupta And Another vs State Of U.P.And Another on 4 February, 2010
Court No. - 49 Case :- APPLICATION U/S 482 No. - 34594 of 2009 Petitioner :- Manohar Lal Gupta And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- K.D.Tiwri Respondent Counsel :- Govt Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and the learned AGA for the State- respondent.
The present 482 Cr.P.C. petition has been filed for quashing of the proceedings of case no.6650 of 2007, in case crime no.C-461 of 2007, under Sections 311, 419, 420, 467, 506 IPC, pending before the Chief Judicial Magistrate, Jaunpur.
It is contended by the learned counsel for the applicants that a case under Section 138 Negotiable Instruments Act was filed against the respondent no.3 by the applicant and after one year of the filing of the same, the present criminal prosecution has been launched as a counter blast and to put pressure upon the applicants. It is further contended that the Courts at District Jaunpur does not have jurisdiction to try the case and, therefore, the proceedings are bad in law. Learned counsel for the applicants has relied upon the Judgment of the Hon'ble Apex Court reported in 2009(64) ACC 296 S.C. in the matter of M/s Eicher Tractor and others Vs. Harihar Singh and another, in support of his contention.
Issue notices to opposite party nos.2 and 3 returnable within four weeks. Steps be taken within one week.
Learned AGA prays for and is granted four weeks time to file counter affidavit. Opposite party nos.2 and 3 may also file counter affidavit within the same period. As prayed by learned counsel for the applicants, two weeks thereafter is granted for filing rejoinder affidavit. List after expiry of the aforesaid period, before the appropriate Bench. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 4.2.2010 Hasnain