Dipak Kumar Dash vs State Of U.P. And Another
2023 Latest Caselaw 21698 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:162421
 
Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 29272 of 2023
 
Applicant :- Dipak Kumar Dash
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shyam Sunder Maurya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

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

2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 24.01.2023 as well as entire proceedings of Case No.4689 of 2022 (Smt.Renu Devi vs. Deepak Kumar Das), under section 138 Negotiable Instrument Act, Police Station Puramufti, District Prayagraj, pending in the court of passed by Additional Chief Judicial Magistrate, Court No.IV, Allahabad.

3. Learned counsel for the applicant submits that section 138 application is not maintainable. Summoning court has no jurisdiction to issue summoning order. The statement recorded under sections 200 & 202 Cr.P.C. is not supporting the prosecution case.

4. Per contra, learned A.G.A. vehemently opposed the contention of learned counsel for the applicant.

5. Considered the arguments raised by both the parties, the submission raised by counsel for the applicant is disputed question of fact which cannot be examined at this stage.

6. In view of law laid down by Hon'ble Apex Court in judgments passed in R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, the present 482 application is dismissed with the aforesaid observation.

Order Date :- 10.8.2023

SKD