Court No. - 45 Case :- APPLICATION U/S 482 No. - 18633 of 2010 Petitioner :- Jaslok And Company Respondent :- State Of U.P. & Others Petitioner Counsel :- Abhinav Prasad Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State
respondent.
The present application under Section 482 Cr.P.C. has been filed for quashing
the order dated 20.09.2009 passed by Chief Judicial Magistrate, Rampur (Lok
Adalat) in Case Crime No. 5029 of 2007 (Jaslok and Company Vs. Sunil
Bhati), under Section 138/142 Negotiable Instruments Act, P.S. Civil Lines,
District – Rampur.
It is contended by the learned counsel for the applicant that the proceeding of
the aforesaid case was sent to the Lok Adalat without intimation/information
to the applicant, which proceedings were at the summoning stage and
therefore, there was no question for the applicant to appear in the case at this
stage.
It is next contended that as there was no compromise between the parties and
as the applicant has given no application for sending the proceeding to the
Lok Adalat therefore, the matter referring to Lok Adalat is bad in law.
Issue notice to opposite party no.2 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 no.2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the applicant two weeks
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before appropriate Court.
Till the next date of listing operation of the order dated 20.09.2009 passed in
Case Crime No. 5029 of 2007 shall be kept in abeyance.
Order Date :- 2.8.2010
Sunil Kr. Gupta