Dismissed

Ganpat Engineer and Construction and Another v. State of U.P. and Another

Allahabad HC3 Mar 2023A482/7193/2023

Case brief

AI extract

What is this about?

Under Section 482 Cr.P.C., the Allahabad High Court dismissed an application challenging a summoning order and proceedings under the Negotiable Instruments Act. The court rejected the plea due to unexplained laches and held that factual disputes on debt existence require evidence not admissible under Section 482.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed as it failed to show good ground for entertaining it due to unexplained laches and lack of prima facie evidence of non-existence of debt.

Ganpat Engineer and Construction and Another Vs State of… — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 7193 of 2023 Applicant :- Ganpat Engineer And Construction And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh,Bindeshwari Prasad Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Satyendra Narayan Singh, the learned counsel for applicants and the learned A.G.A. for State.

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Perused the record.

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This application under Section 482 Cr.P.C. has been filed challenging the Summoning Order dated 18.07.2019 passed by Additional Chief Judicial Magistrate, Court No.3, Etawah in Complaint Case No. 163 of 2019 (Vinod Singh Vs. Ganpat Engineering and Construction and another) under Section 138 N.I. Act, P.S.-Jaswant Nagar, District-Etawah as well as the entire proceedings of aforementioned complaint case, now pending in the Court of Additional Chief Judicial Magistrate, Court No.3. Etawah.

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At the very outset, the learned A.G.A. has raised a preliminary objection with regard to the maintainability of present application. He submits that present application has been filed challenging the summoning order dated 18.07.2019 i.e. after an expiry of a period of more than three and a half years from the date of summoning order i.e. 018.07.2019. As such, present application is hopelessly barred by laches. However, the laches in filing present application have not been sufficiently explained by applicants.

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It is next contended by learned A.G.A. that summons were issued to the applicants by court below. Howeever, they failed to honour the summons. Resultantly, non-bailable warrants were

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issued against applicants vide order dated 23.03.2022. Even, an expiry of a period of about one year from the date of order dated 23.03.2022, applicants have not yet appeared before court below. On account of non-cooperation of applicants, proceedings of aforementioned complaint case have remained held up for more than 3 and a half years. As such no indulgence be granted by this Court in favour of applicants.

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When confronted with above, the learned counsel for applicants submits that no summons have been served upon applicant till date. Moreover, there is no legally changeable debt against applicants. As such, present criminal proceedings cannot be sustained.

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Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of material brought on record, this Court finds that no explanation has been offered by applicants with regard to laches in filing the present application. Moreover, the issue that there is no legally chargeable debt against applicants, cannot be decided by this Court in exercise of jurisdiction under Section 482 Cr.P.C. as the issue raised cannot be examined without appraisal and appreciation of evidence, which exercise is not permissible while exercising jurisdiction under Section 482 Cr.P.C.

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In view of above, this Court does not find any good ground to entertain this application.

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Present application fails and is liable to be dismissed.

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It is accordingly dismissed.

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Order Date :- 3.3.2023/YK

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Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Ganpat Engineer and Construction and Another v. State of U.P. and Another

Case brief

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Ganpat Engineer and Construction and Another v. State of U.P. and Another

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