Court No. - 49 Case :- APPLICATION U/S 482 No. - 34594 of 2009 Petitioner :- Manohar Lal Gupta And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- K.D.Tiwri Respondent Counsel :- Govt Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and the learned AGA for the State-
respondent.
The present 482 Cr.P.C. petition has been filed for quashing of the
proceedings of case no.6650 of 2007, in case crime no.C-461 of 2007, under
Sections 311, 419, 420, 467, 506 IPC, pending before the Chief Judicial
Magistrate, Jaunpur.
It is contended by the learned counsel for the applicants that a case under
Section 138 Negotiable Instruments Act was filed against the respondent no.3
by the applicant and after one year of the filing of the same, the present
criminal prosecution has been launched as a counter blast and to put pressure
upon the applicants. It is further contended that the Courts at District Jaunpur
does not have jurisdiction to try the case and, therefore, the proceedings are
bad in law. Learned counsel for the applicants has relied upon the Judgment
of the Hon’ble Apex Court reported in 2009(64) ACC 296 S.C. in the matter
of M/s Eicher Tractor and others Vs. Harihar Singh and another, in support of
his contention.
Issue notices to opposite party nos.2 and 3 returnable within four weeks. Steps
be taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party nos.2 and 3 may also file counter affidavit within the
same period. As prayed by learned counsel for the applicants, two weeks
thereafter is granted for filing rejoinder affidavit. List after expiry of the
aforesaid period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the
applicants in the aforesaid case.
Order Date :- 4.2.2010
Hasnain