The High Court refused an application to quash criminal proceedings and a summoning order in a Section 138 cheque dishonour case, holding that the defence version could not be adjudicated at this stage but granted no coercive action for sixty days.
Application to quash refused; no coercive action for sixty days from the date of order.
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Court No. - 28
Case :- APPLICATION U/S 482 No. - 12104 of 2018
Applicant :- Vinod Goel Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vijay Krishna Majumdar,Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for applicant and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been preferred to quash the entire criminal proceeding of Complaint Case No. 1482/2017 (Raghuveer Singh Vs. Vinod Goel) under Sections 138 of N.I. Act, Police Station Sadar Bazar, District Agra pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Agra along with impugned summoning order dated 07.09.2017 passed by Additional Chief Judicial Magistrate, Agra.
Learned counsel for applicant contended that his signed cheque was lost and opposite party no. Raghuveer forged the cheque.
Learned A.G.A. contended that there is no illegality in the impugned order passed by the court below.
Here, it must be noted that evidence in support of defence of the applicant/accused shall be taken after prosecution evidence as per provision of Section 254 Cr.P.C. After considering the evidence on record, Magistrate shall pass order.
As this stage, in exercise of extraordinary jurisdiction of this Court, correctness of defence version cannot be adjudicated.
In view of above, the prayer for quashing the entire criminal proceeding in the aforesaid complaint case, is hereby refused.
However, for a period of sixty days from today, no coercive action shall be taken against applicant.
Accordingly, the application under Section 482 Cr.P.C. is disposed of .
Order Date :- 13.4.2018 Sharad/-
2 issues framed by the court
Whether to quash criminal proceedings and summoning order in a cheque dishonour case where the applicant claims forgery and loss of the cheque.
Whether the defence version regarding forgery requires adjudication at the stage of a Section 482 application.
1 provisions across 1 enactments
Vinod Goel
State Of U.P.
Raghuveer Singh
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
