Application under Section 482 CrPC challenging a summoning order in a cheque dishonour case. The High Court held that objections should be raised before the trial court and disposed of the interim application.
Application disposed with liberty to raise legal objections before the trial court.
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Neutral Citation No. - 2024:AHC-LKO:64539
Court No. - 11
Case :- APPLICATION U/S 482 No. - 8390 of 2024
Applicant :- Amit Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dheerendra Kr. Agnihotri Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard.
Under challenge is the summoning order dated 12.07.2023 passed by the learned trial Court whereby the applicants have been summoned for an offence under the provisions of Section 138 of the Negotiable Act, 1881.
Various objections have been taken by the learned counsel for the applicants in order to challenge the said order. However, the Court is of the view that the said objections can very well be taken before the learned trial Court itself.
Considering the aforesaid, the application is disposed of leaving it open to the applicants to raise any legal objections that they may have in the proceedings. In case, the said objections are raised, the learned trial Court shall proceed to consider the same in accordance with law after hearing all the parties concerned provided there is no legal impediment.
Order Date :- 19.9.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether objections to the summoning order under Section 482 CrPC can be raised in the High Court or before the trial court.
Amit Singh
Unknown
Abdul Moin
As recorded by the court registry
2 orders share this CNR
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