C482/844/2022
2022 Latest Caselaw 1756 UK

                      Office Notes,
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         Date                                       COURT'S OR JUDGES'S ORDERS
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      13.06.2022                        C482 No. 844 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The applicant - accused Mohd. Mumtaz has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No. 18 of 2019, "Mukesh Singh vs. Mohd. Mumtaz", under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judicial Magistrate, Jaspur, District Udham Singh Nagar.

Heard Mr. Ghanshyam Joshi, learned counsel for the applicant and Mr. S.S. Adhikari, learned Deputy Advocate General with Mr. Balvinder Singh, learned Brief Holder for the State.

The learned counsel for the applicant submitted that the complaint, under Section 138 of the said Act, 1881, has been filed with the wrong facts, therefore, the complaint is liable to be quashed. The learned counsel for the applicant has relied upon a judgment of the Hon'ble Supreme Court in "Himanshu vs. B. Shivamurthy and Another", (2019) 3 SCC 797. However, the learned counsel for the applicant fairly conceded that the signature of the applicant is on the said cheque as a drawer and the name of Mukesh Singh, the complainant, has been written on the cheque-in-question.

In the facts and circumstances of this case, it would appropriate to issue a notice to the respondent no.1 - complainant, even before passing any order on the admission.

Issue notice to the respondent no.1. Steps to be taken forthwith. List this case on 21.06.2022.

(Alok Kumar Verma, J.) 13.06.2022 Pant/