Data Ram Singh vs State Of U.P. And Another
2019 Latest Caselaw 5383 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- APPLICATION U/S 482 No. - 22518 of 2019
 

 
Applicant :- Data Ram Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Swati Agrawal Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Complaint Case No. 206 of 2016 (Rustam Shahi Vs. Data Ram Singh), under Section 138 N.I. Act, P.S. Kotwali, District Gorakhpur, pending in the court of Additional Chief Judicial Magistrate-Ist, Gorakhpur. Further prayer is to stay the entire criminal proceedings also of the aforesaid complaint case.

From perusal of record, it appears that by order dated 05.4.2019 passed by this Court in Criminal Revision No. 1423 of 2019, the entire proceedings based on charge sheet which also includes an offence under Section 138 N.I. Act, has been stayed.

Submission of learned counsel for the applicant is that in respect of same cheque, charge sheet was submitted and cognisance was taken by the court whereas in respect of same cheque complaint was filed under Negotiable Instrument Act. Further submission is that complaint case based on same cheque is proceeding in the trial court.

Learned A.G.A. who has received the notice on behalf of the State, has opposed the prayer.

In the circumstances, the matter requires consideration.

Issue notice to opposite party no. 2, returnable within four weeks.

List on the date fixed in the notice.

However, it is observed that learned trial court will take care of the order of this Court passed in Criminal Revision No. 1423 of 2019.

Connect this case with Criminal Revision No. 1423 of 2019.

Order Date :- 11.6.2019

RCT/-