In an application under Section 482 Cr.P.C. to quash proceedings under Section 138 NI Act, the court held that the application has no force. Finding no illegality in the impugned order by the Judicial Magistrate, the application was dismissed.
The application under Section 482 Cr.P.C. is dismissed.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 3555 of 2010
Applicant :- Deepak Saran Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
List has been revised. No one has put in appearance on behalf of applicant to press this application nor any request for pass over or adjournment of the case has been received. However, the learned A.G.A. is present.
The present application under section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the further proceeding of complaint Case No. 252 of 2007(Dau Dayal Rathore Vs. Deekpa Sareen) under section 138 Negotiable Instrument Act, P.S. Kotwali district Agra pending in the court of A.C.J.M. 12th Agra.
After having heard the learned A.G.A. and perusing the record, I am of the view that there is no illegality or infirmity in the order impugned dated 10.8.2007 passed by the Judicial Magistrate, II, Court No. 40 Agra. The application under section 482 Cr.P.C. has no force and it is liable to be dismissed.
It is, accordingly, dismissed.
Interim order, if any, stands vacated.
Order Date :- 10.4.2019 N.A.
2 issues framed by the court
Whether the present application under section 482 Cr.P.C. has any force to quash the further proceedings of a cheque dishonour case.
Whether there is any illegality or infirmity in the impugned order dated 10.8.2007 passed by the Judicial Magistrate.
2 provisions across 2 enactments
Deepak Saran
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
