Vineeta Mishra vs State Of U.P. And Another
2017 Latest Caselaw 2344 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 18130 of 2017
 

 
Applicant :- Vineeta Mishra
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ashutosh Sharma,Himanshu Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned  A.G.A. for the State and perused the record.

The contention of learned counsel for the applicant is that the complaint case was filed by the opp. party no. 2 without arraying the Firm as accused and as such in view of provisions of Section 141 of N.I. Act 1989 and the law laid down by the Hon'ble Supreme Court in the case of Anil Gupta Vs. Star Indian (P) Ltd. 2014 (87)  SCC 347, no offence is made out and the complaint as well as the summoning order dated 10.1.2017 in the aforementioned case deserves to be quashed.

The matter requires consideration.

Issue notice to the opp. party no. 2 who may file counter affidavit within a period of three weeks and rejoinder affidavit may be filed within a week thereafter.

List on 18.8.2017.

Till the next date of listing, no coercive action shall be taken against the applicant in complaint case no. 6290 of 2016, Bihari Ji Vs. Smt. Vineeta Mishra, police station Anwarganj, district Kanpur Nagar.

Order Date :- 13.7.2017

Gss