S.S.Tewari vs Santosh Kumar Srivastava
2013 Latest Caselaw 2283 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 964 of 2005
 

 
Petitioner :- S.S.Tewari
 
Respondent :- Santosh Kumar Srivastava
 
Petitioner Counsel :- T.N.Gupta
 
Respondent Counsel :- R.N.Shukla
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Learned counsel for the applicant is not present.

Heard learned A.G.A.

From the perusal of the connected Criminal Misc. Application No. 902 of 2000 and 903 of 2000 it appears that both the applications have been decided by the another bench of this court on 3.3.2003 by which the proceedings against Smt. Radha Tiwari has been dropped but it has been directed that trial court may proceed against the applicant S.S. Tiwari.

The present application has been filed with a prayer to quash the proceedings of cae No. 1880 of 2004 under section 138 N.I. Act pending in the court of Special C.J.M. (Customs), Lucknow.

From the perusal of the complaint and order by which the cognizance has been taken and material available on the record it appears that the learned Magistrate concerned has not committed any error in taking the cognizance against the applicant S.S. Tiwari and another bench has also come to the conclusion that the proceedings against the applicant S.S. Tiwari may be continued. There is no good ground to quash the proceedings of the above mentioned case. The prayer for quashing the proceedings of the above mentioned case is refused.

The interim order dated 26.4.2005 is hereby vacated.

Accordingly this application is dismissed.

Order Date :- 17.5.2013

RPD