Court No. - 40 Case :- APPLICATION U/S 482 No. - 21461 of 2010 Petitioner :- Guru Charan Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Ravi Sahu Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicant and the learned AGA and perused the
material on record
Admit.
This application u/s 482 Cr.P.C has been filed to quash the criminal
proceedings in criminal complaint case no.133 of 2010, u/s 138 of N.I.Act,
P.S. Moolganj, Kanpur Nagar (Roop Narayan Vs. Kirti Pal Singh), pending in
the Court of A.C.M.M. Court no.9, Kanpur Nagar.
It is alleged that there is no date mentioned in the complaint regarding the
notice sent to the applicant and, therefore, the impugned order is liable to be
quashed in the light of the law laid down by Hon’ble Supreme Court in the
case of M/s Shakti Travel and Tours Vs. State of Bihar and another reported
in 2003 (Suppl.) ACC 663.
Looking into the entire facts and circumstances of the case, I do find it
appropriate that this application be admitted for hearing after notice to the
opposite parties.
Issue notice to opposite party no.2 returnable within one month for filing
counter affidavit, if any, within the aforesaid period.
Be it listed on 5.8.2010.
Meanwhile no coercive methods of seeking the appearance of the accused-
applicant shall be adopted, if accused-applicant voluntarily appears before the
Trial Court as and when required on the date fixed.
Order Date :- 23.6.2010
Gaurav