Allahabad High Court
Arun Kumar Jindal vs State Of U.P. & Another on 17 August, 2021
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- U/S 482/378/407 No. - 1393 of 2021 Applicant :- Arun Kumar Jindal Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present petition has been filed for quashing the impugned summoning order dated 6.4.2019 passed in criminal complaint case No.0001588/201501.02.2018 passed in Criminal complaint No. 0001588/2015, filed under Section 138 N.I. Act, Police Station Hazratganj, District Lucknow passed by learned Presiding Judge, (HJS), Additional Court, Lucknow as well as the entire proceedings of Criminal complaint filed under section 138 N.I. Act, Police Station Hazratganj, District Lucknow.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused.
At this stage, learned counsel for the applicant submits that they may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.
However, it is provided that in case, the applicant moves an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of two months, thereafter. For a period of two months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicant.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 17.8.2021 kkb/