Application under Section 482 Cr.P.C. seeking quashing of cheque dishonour proceedings was dismissed. The court held defence merits cannot be considered at this stage and directed trial court to expedite trial within six months.
Application for quashing of criminal proceedings refused; trial court directed to expedite trial within six months.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 13023 of 2007
Applicant :- Dr. S.P. Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.K. Tripathi Counsel for Opposite Party :- Govt. Advocate,S.R. Verma
Hon'ble Vivek Kumar Singh,J.
Heard Sri K.K.Tripathi, learned counsel for the applicant, Sri S.R.Verma, learned counsel for the opposite party no.2 and Sri Sanjay Singh, learned AGA for the State and perused the record brought on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Complaint Case No. 86 of 2007 (Awadhesh Kumar Vs. Dr.S.P.Singh) under section 138 N.I.Act, P.S. Barra, District Kanpur Nagar as well as summoning order dated 27.9.2006, pending in the court of the Addl. Chief Metropolitan Magistrate, 1st, Kanpur Nagar.
Learned carousel for the applicant contended that this Court had stayed the proceedings of the aforesaid case against applicant vide order dated 15.6.2007.
The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.
The dispute is with regard to dishonour of Cheque worth Rs.25,000/- and the defence of the accused cannot be considered at this stage. Moreover, it is directed that the applicant may appear through his counsel for the said purpose and he is free to take all the points which has been raised here before the court concerned, who shall consider and decide the same in accordance with law.
Considering the submissions advanced by the learned counsel for the parties, the trial court is directed to expedite and conclude the aforesaid case, preferably within a period of 6 months from the date of production of certified copy of the order, if there is no legal impediment..
With the aforesaid directions, this application is finally disposed off.
Order Date :- 7.8.2019 IA
2 issues framed by the court
Whether the criminal proceedings for dishonour of cheque should be quashed.
Whether a stay order dated 15.6.2007 precludes the fresh filing of this application.
2 provisions across 2 enactments
Dr. S.P. Singh
State of U.P.
Another
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
