Allahabad High Court
M/S Singh Traders And 7 Others vs State Of U.P. And Another on 11 October, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:195618
Court No. - 89
Case :- APPLICATION U/S 482 No. - 33201 of 2023
Applicant :- M/S Singh Traders And 7 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Onkar Nath
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Supplementary affidavit has been filed today in the Court, is taken on record.
2. Heard learned counsel for the applicant and learned AGA for the State.
3. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 2.3.2023 as well as entire proceedings arising out of Complaint Case No.55 of 2023, under Section 138 of NI Act, PS Daurala, District Meerut, pending in the Court of JM/Addl. Civil Judge (JD), Court No.3, Meerut.
4. The contention of learned counsel for the applicants is that an application U/s 138 of NI Act has been instituted by opposite party no.2 against the applicants are without substantial evidence and allegation are false and baseless and not tenable in the eye of law. Applicant is partner of the firm have no concern with the issuance of cheque and falsely implicated in the present case. No offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
5. Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that as per para 6 of the complaint, it is evident that applicant is partner in the company and prima facie offence against the applicants is made out and submission of applicants' counsel is disputed questions of fact and the order impugned do not suffer from any illegality or infirmity.
6. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C.
7. Considered the argument raised by applicants' counsel, learned AGA and perused the record, it is evident that submissions of applicants' counsel is based on disputed questions of fact, whether the applicants were partner of the firm at the time of incident, cannot be examined at this stage.
8. In view of the above, in the light of judgment of the Apex Court in the matters of 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.
9. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
10. Applicants shall surrender before the concerned Court below within one month from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.
Order Date :- 11.10.2023
Nitin Verma
