Allahabad High Court
Sardar Hukum Singh And 3 Others vs State Of Up And Another on 1 August, 2019
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- APPLICATION U/S 482 No. - 28485 of 2019
Applicant :- Sardar Hukum Singh And 3 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Manoj Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 05.07.2016 passed by the Additional Chief Judicial Magistrate, IInd, Agra in Case No. 1179 of 2015, Kali Charan Vs. Sardar Hukum Singh and others as well as entire proceedings of Case No. 1179 of 2015, Kali Charan Vs. Sardar Hukum Singh and others, under Sections 323, 427, 452, 504, 506 I.P.C., Police Station Lohamandi, District Agra pending in the court of Additional Chief Judicial Magistrate, IInd, Agra.
It has been argued by learned counsel for the applicants that impugned complaint has been filed making false and baseless allegations. It was submitted that earlier in business transaction the applicants have given Rs. 2,00,000/- to respondent no.2 and that for payment of the same, respondent no.2 has issued a cheque of Rs. 1,50,000/- which was dishonoured. It was further submitted that applicants issued notice under N.I. Act to the respondent no.2 and he has filed impugned complaint as a counter blast of the same. It was stated that in the alleged incident, the complaint has not sustained any injury.
Learned A.G.A. has opposed the prayer.
From the perusal of the material on record and looking into the fact of the case at this stage, it cannot be said that prima facie no case is made out against the applicants. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in jurisdiction of Section 482 Cr. P.C. It is well settled that at this stage only prime case is to be seen. Considering the law laid down by Apex Court in the case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283, material on record and considering the submissions of learned counsel for the applicant, no case for quashing of the proceeding is made out.
The prayer for quashing as made above is hereby refused.
However, it is directed that in case applicants appear and surrender before the courts below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously on its own merits in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgement passed by Hon'ble Apex Court 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants does not appear before the Courts below within the aforesaid period, coercive action may be taken against them.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 1.8.2019
T.S.
