M/S R.K. Ladies Suit Emporium vs State Of U.P. And Another
2017 Latest Caselaw 7134 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 35256 of 2017
 

 
Applicant :- M/S R.K. Ladies Suit Emporium
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Bipin Kumar Tripathi,Vipin Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 1773 of 2013 (Ajay Kumar Vs. R. K.Ladies Suit Emporium), under Sections 138 Negotiable Instrument Act, P.S. Siddharth Nagar, district Siddharth Nagar pending in the court of Chief Judicial Magistrate, Siddharth Nagar and also quash the summoning order dated 13.1.2014 by the aforesaid court.  Further prayer has been made to stay the further proceedings of the aforesaid case.

Heard learned counsel for the applicant and the learned AGA appearing for the State.

It is submitted by the learned counsel for the applicant that the complaint was filed  on the basis of false facts and also on the basis of malice.  It is further submitted that from the version of the complaint as well as evidence available on record, offence under the aforesaid Section is not made out against the applicant. The impugned order suffers from illegality and infirmity.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

However, it is observed that in case the applicant surrenders before the court below and apply for bail within 45 days from today, the same shall be considered and decided in view of the settled law. For a period of 45 days from today, no coercive action shall be taken against the applicant.

It is made clear that no further time shall be allowed to the applicant for surrender before the court concerned.

With the above observations, the application stands disposed of.

Order Date :- 20.11.2017

Sachdeva