Allahabad High Court
Umesh Mohan Garg vs State Of U.P. And Another on 25 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:184726
Court No. - 79
Case :- APPLICATION U/S 482 No. - 35014 of 2024
Applicant :- Umesh Mohan Garg
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vijay Kumar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Vijay Kumar Dwivedi, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. for the State and perused the record.
2. The present application has been filed to quash the entire criminal proceeding as well as judgement and order dated 06.09.2024 passed by the Court of Additional Session/Fast Court, Court No.2, Bulandshahar in Criminal Revision No.503 of 2023 (Umesh Mohan Garg Vs. State of U.P. and another) as well as order dated 04.10.2023 passed by the court of learned Judicial Officer Gram Court Dibai, Bulandshahar in Complaint Case No.12 of 2020 (Aaram Singh Vs. Umesh Mohan Garg), under Section 138 N.I. Act, 1881, P.S. Dibai, District Bulandshahar, which is pending in the court of Judicial Officer, Gram Court, Dibai, District Bulandshahar.
3. Contention of learned counsel for the applicant is that the impugned proceeding is absolutely illegal as the applicant has already paid entire cheque amount. It is further submitted by learned counsel for the applicant that the applicant had filed an application under Section 14-A on the ground that he has already paid entire amount therefore proceeding cannot be proceeded further but the court below instead of deciding the application has proceeded to decide the application under Section 143-A of N.I. Act filed by the complainant and directed the applicant to pay 20% of cheque amount as compensation.
4. However, from the perusal of record, it appears that the applicant had already approached this Court by challenging the impugned proceeding by filing Application U/S 482 No.17948 of 2021 by which prayer for quashing the impugned proceeding was rejected. However, applicant was permitted to avail the remedy of compounding by moving appropriate application in view of the judgment of Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663 but the applicant though filed an application to get the opportunity now the applicant again approached this Court seeking quashing of the same proceeding and seeking direction that the court below should decide his application No. 14-A.
5. This Court is of the view that the present application is the second 482 application and the applicant has already challenged the impugned proceeding by Application U/S 482 No.17948 of 2021, therefore, same is not maintainable. So far as the contents of learned counsel for the applicant under Application No. 14-A should be decided is concerned. This Court is of the view that through that application, applicant is raising the plea which is his defense which cannot be decided simply on the basis of application, applicant has opportunity to take all defense during trial.
6. In view of the above, this Court does not find any illegality in the impugned proceedings and the present application is dismissed.
Order Date :- 25.11.2024
Jitendra
