The court dismissed an application under Section 482 Cr.P.C. regarding non-disclosure of notice service date, directing the applicant to raise the plea during the final argument as the evidence stage was ongoing.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 40305 of 2022
Applicant :- Shivpujan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard Shri Narendra Singh, learned counsel for the applicant, learned AGA for the Stated and perused the record.
Learned counsel for the applicant contends that date of service of the notice has not been disclosed by the complainant neither in the complaint nor in his evidence. It is also in the summoning order passed by the trial court.
Learned AGA states that parties have entered into evidence and the final hearing is going on. Therefore, there is no occasion to raise plea before this Court and such plea can be raised at the time of the argument.
Certainly during the course of argument any factual or legal issue may be raised if any ingredient under Section 142 NI Act is lacking which is mandatory in nature.
Considering the facts and circumstances of the case, it is directed that the plea raised in this petition may be raised by the applicant accused during the course of the argument at the appropriate stage.
With this observation the application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 7.2.2023 Mohini
Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the plea regarding non-disclosure of notice service date should be decided at this stage of the proceedings
Whether the applicant accused is permitted to raise an ingredient defect under Section 142 NI Act during the course of argument
1 provisions across 1 enactments
Shivpujan
State Of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
