Court No. - 5 Case :- APPLICATION U/S 482 No. - 15321 of 2010 Petitioner :- Girish Pachauri And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- S.N.Tiwari,S.K.Tiwari Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the state
respondents.
The present Application under Section 482 Cr.P.C. has been filed for
quashing of the proceedings of Case No. 56 of 2008 (Manish Kumar Vs.
Girish Pachauri and others) under Section 138 of the Negotiable Instrument
Act pending in the court of Judicial Magistrate, Sadabad, Hathras.
It is contended by the learned counsel for the applicants that initially a first
information was lodged by opposite party no. 4 against the applicants under
Sections 406, 420 I.P.C. which was registered as Case Crime No. 34 of 2006,
Police Station – Chandapa, District – Hathras in which charge sheet was filed.
The applicants challenged the charge sheet before this Court by means of
Criminal Misc. Application No. 20262 of 2009, in which stay have been
granted by this Court vide order dated 14.09.2009, which has been filed as
Annexure No. 10 to the accompanying affidavit. It is further contended on
behalf of the applicants that opposite party no. 2 for the same incident lodged
the present case against the applicants under Section 138 of the Negotiable
Instrument Act which is bad in law.
Issue notice to opposite party nos. 2, 3 and 4 returnable within four weeks.
Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. The opposite party nos. 2, 3 and 4 may also file counter affidavit
within the said period. As prayed by the learned counsel for the applicants
two weeks thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing, no coercive steps shall be taken against the
applicants in the aforesaid case.
Order Date :- 14.6.2010
A. Verma