Court No. - 42 Case :- APPLICATION U/S 482 No. - 34610 of 2009 Petitioner :- Mohar Singh Respondent :- State Of U.P.And Others Petitioner Counsel :- Sunil Kumar Srivastava Respondent Counsel :- Govt Advocate Hon'ble Rakesh Tiwari,J.
Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant Sri
K.N. Bajpai, learned AGA and perused the record.
This application under Section 482, Cr.P.C. has been filed by the
applicant for quashing of the further proceedings in Complaint Case No. 5997
of 2006, Mahendra Singh versus Mohar Singh, under Section 138 of the
Negotiable Instruments Act, P.S. Civil Lines, Moradabad and for stay of the
further proceedings in the aforesaid complaint case.
From perusal of the complaint case as well as the impugned order it
appears that the applicant had taken a sum of Rs. 1,28,000/- as loan from
opposite party no.2, which he had not paid within time. Then opposite party
no.2 along with some persons went to the house of the applicant and
demanded the money. Thereafter, the applicant paid Rs.2,000/- in cash and
gave a cheque of Rs.1,25,200/-, to the opposite party, which was dishonoured
by the bank as the applicant had no money in his account. Feeling aggrieved
the opposite party no.2 filed the aforesaid complaint case.
The contention of learned counsel for the applicant is that from perusal of
the complaint case it appears that no offence is made out against the applicant,
hence the impugned order dated 15.3.2008 passed by the Judicial Magistrate,
Moradabad is bad in law and the same is liable to be quashed by this Court
and that the applicant has been falsely implicated in the present case due to
enmity. He further submits that the complaint case has been filed against the
applicant as a counterblast.
This petition has been filed for quashing the further proceedings in the
complaint case. I have gone through the complaint case and the impugned
orders passed in it . No illegality or infirmity could be shown by the learned
counsel for the applicant, which may warrant interference by this Court in
exercise of its inherent discretinary powers under Section 482 Cr.P.C.
The application is accordingly, rejected.
Order Date :- 5.1.2010
CPP/-