Rohit Agrawal vs State Of U.P. . And Another
2023 Latest Caselaw 23420 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171850
 
Court No. - 90
 

 
Case :- APPLICATION U/S 482 No. - 21325 of 2023
 

 
Applicant :- Rohit Agrawal
 
Opposite Party :- State Of U.P. . And Another
 
Counsel for Applicant :- Girish Chandra Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Pathak,J.

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

2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the judgments and orders dated 12.5.2023 passed by Additional District & Sessions Judge/Fast Track Court, Court No.2, Aligarh in Crl. Revision No.113 of 2023 (Rohit Agarwal Vs. State of U.P. and another) and order dated 29.09.2021 passed by Presiding Officer, Additional Court, Aligarh in Crl. Case No. 293 of 2021, under Section 138 of Negotiable Instrument Act (in brevity N.I. Act), Police Station Sasnigate, District, Aligarh

3. Facts culled out from the averment made in the instant application are that Ashish Singh (opposite party No.2) has filed the complaint dated 18.01.2021 under Sections 138 of N.I. Act with an averment that the complainant has supplied building material to the accused (applicant herein) worth Rs.1,21,856/-. However, out of that amount Rs,1,856/- was given in cash and for remaining amount accused has furnish a cheque bearing No.000489 dated 15.11.2020 amounting Rs.1,20,000/- drawn on ICICI Bank. However, when the present applicant has presented the aforesaid cheque in his bank namely S.B.I. the cheque was bounced with an endorsement of "fund in sufficient". Learned Magistrate, vide order dated 29.9.2021, has issued process against the present applicant under Section 138 of N.I. Act after considering the contents of the complaint and the statements of complainant under Section 200 Cr.P.C., which is under challenge before this Court.

4. It is submitted by learned counsel for the applicant that, due to misunderstanding between the parties, opposite party No.2 has filed the complaint under Section 138 of N.I. Act whereas there is no intention of the present applicant to usurp the money of complainant as shown in the complaint. It is further submitted that present applicant is ready to return the entire money amounting Rs.1,20,000/- which is subject matter of cheque No.00489.

5. Learned AGA has contended that the present applicant has an alternative remedy to move an application for compounding of the offence for which process has been issued against him.

6. In this conspectus, as above, no fruitful purpose would be served to keep this matter pending, therefore, without considering the merits of the case, instant application disposed of finally with liberty to the present applicant to move an application before the court concerned for compounding of the offence in pursuance of the dictum of Hon'ble Supreme Court in the matter of Damodar S. Prabhu Vs. Sayed Babulal H. (2010) 5 SCC 663. It is made clear that in case applicant moves an application for compounding of the offence along with the bank draft for the amount in question before the court below within a period of two weeks same shall be considered and decided by the trial court within a period of one month, thereafter.

7. As such, instant application is finally disposed of.

Order Date :- 25.8.2023

Md Faisal