Disposed

Shivam Raj v. State of U.P. and Anr.

Allahabad HC14 May 2019A482/15223/2019

Case brief

AI extract

What is this about?

Single Judicial Magistrate disposed of an application under Section 482 CrPC seeking quashment of summoning order in a Section 138 NI Act case. The court directed the applicant to appear and apply for redressal within three weeks, prohibiting coercive action during this period.

What did the court decide?

No coercive action against the applicant; directed to appear within three weeks to make an application for redressal.

Shivam Raj Vs State of U.P. and Anr. — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 15223 of 2019

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Applicant :- Shivam Raj Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Bhavya Sahai Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record of this application.

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By way of the instant application, the applicant has sought for quashment of impugned summoning order dated 14.11.2018 passed by II Additional Chief Judicial Magistrate, Gautam Budh Nagar and the entire proceeding of Criminal Complaint Case No.4899 of 2018 pending in the court of IInd Additional Chief Judicial Magistrate- Gautam Budh Nagar, under Section 138 Negotiable Instrument Act, 1881, P.S. Sector 20 NOIDA Gautam Budh Nagar.

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It was submitted that certain forged cheques/documents were placed for the perusal of the lower court and by dint of the same, process was issued against the present applicant, which aspect the applicant is ready to expose provided some reasonable time is given to the applicant. He next contended that apart from that applicant is also ready to hand over the entire amount to opposite party no.2, if reasonable time is given to the

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applicant.

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Sri Umanath Pandey, learned counsel for the respondent no.2 has no objection, in case, the applicant is hand over the entire amount to the informant/complainant at the earliest. Also heard the learned AGA.

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Under the facts and circumstances of the case, applicant may comply with the order of the court below by producing him self before the court below. He may also take all his plea before the court concerned as per his vested legal rights within a period of three weeks from today.

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In view of above, applicant is directed to appear before the court concerned within a period of three weeks' from today and make an application for redressal of his grievances, the same shall be heard and disposed of by the courts below and it will pass appropriate order in accordance with law.

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Till the period of three weeks' from today no coercive action shall be taken against the applicant. It is made clear that in case no such application is moved within the time prescribed, the trial court would be at liberty to proceed further with the case in accordance with law.

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With the above directions/observations, this application is finally disposed of.

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Order Date :- 14.5.2019 Raj

Shivam Raj v. State of U.P. and Anr.

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Shivam Raj v. State of U.P. and Anr.

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