Dataram Taraw Adhyapak vs State Of U.P. And Another
2022 Latest Caselaw 4117 ALL

Citation : 2022 Latest Caselaw 4117 ALL
Judgement Date : 25 May, 2022

Allahabad High Court

Dataram Taraw Adhyapak vs State Of U.P. And Another on 25 May, 2022

Bench: Rajendra Kumar-Iv




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- APPLICATION U/S 482 No. - 9181 of 2022
 

 
Applicant :- Dataram Taraw Adhyapak
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Kumar Chaurasia
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajendra Kumar-IV,J.

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

The present application under Section 482 Cr.P.C. has been filed by applicant for quashing the proceeding of Complaint Case No. 5855 of 2019, under Section 138 N.I. Act, Police Station Hariparvat, District Agra as well as summoning order dated 17.08.2019.

Learned counsel for applicant submits that a fake complaint has been filed against the applicant by the complainant / opposite party no. 2 showing the dishonour of cheque. The applicant has challenged the summoning order passed by the Magistrate concerned. Although, issuance of cheque in favour of complainant by the applicant is not admitted at this stage but he wants to get settle his dispute with the opposite party no. 2 relying the judgment of Damodar S. Prabhu v. Sayed Babalal H., 2010(5) SCC 663. He showed some papers in favour of his contention.

Lastly, learned counsel for the applicant submits that the court be issued a suitable direction to decide the complaint case in view of DAMODAR S. PRABHU Vs. SAYED BABALAL H. reported in 2010(5) SCC 663.

Learned AGA opposed the application and submitted that the Trial court rightly passed the summoning order and summoned the accused-applicant to face trial. The trial court itself has provided an opportunity to the accused-applicant to deposit the impugned amount in the account of complainant without appearing in Court.

Upon overall consideration of the facts and circumstances of the case and rival submissions made by learned counsel for the parties, I do not see any good ground to quash the summoning order and complaint under Section 138 N.I. Act

The application under Section 482 Cr.P.C. is disposed of, directing the Magistrate concerned to decide the matter, keeping in view the law laid down by Hon'ble Supreme Court in DAMODAR S. PRABHU Vs. SAYED BABALAL H. (supra)

Order Date :- 25.5.2022

Manoj