The applicant sought to quash an order rejecting his discharge application under Section 138 of the Negotiable Instruments Act. The Court found no legal infirmity permitting interference under Section 482 Cr.P.C.
The quashing application is dismissed.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 19628 of 2020
Applicant :- Manjeet Singh @ Monu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.,Ram Chandra Uttam
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned order dated 7.10.2020 whereby the discharge application dated 24.9.2020 filed by the applicant was rejected by Presiding Officer, Additional Court, Mathura in Complaint Case No. 2871 of 2018 (Tejpal Singh Vs. Manjeet Singh).
Learned counsel for the applicant contends that the ingredients of Section 138 of Negotiable Instrument Act is not made out in the present case and as such the discharge application has been illegally rejected.
After hearing learned counsel for the applicant and learned AGA and after perusing the order impugned as well as the averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any legal infirmity in the order impugned which may warrant any interference of this Court in exercise of power under Section 482 Cr.P.C.
Accordingly, the present application is dismissed.
Order Date :- 27.1.2021 S.S.
2 issues framed by the court
Whether the High Court should exercise its inherent powers under Section 482 Cr.P.C. to quash the impugned order rejecting the discharge application under Section 138 NI Act.
Whether any legal infirmity exists in the impugned order warranting interference under Section 482 Cr.P.C.
1 provisions across 1 enactments
Manjeet Singh @ Monu
State of U.P.
Vivek Varma
As recorded by the court registry
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