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Application No. 13419 of 2017. Case: Deepak Kumar Sharma Vs State of U.P. and Another. High Court of Allahabad (India)

Judgment Cited in Precedent Map Related
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Case NumberApplication No. 13419 of 2017
CounselFor Appellant: Arvind Prabodh Dubey, Adv.
JudgesSurya Prakash Kesarwani, J.
IssueCriminal Procedure Code - Section 482; Negotiable Instruments Act - Section 138
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Surya Prakash Kesarwani, J.

The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Complaint Case No. 1618 of 2014 (Prabhu Nath Vs. Deepak), under Section 138 N.I. Act, pending in the court of Addl. Chief Judicial Magistrate, Kushi Nagar, District Kushi Nagar as well as the revisional order dated 31.03.2017 passed by Additional Session Judge, Court No. 6, Kushi Nagar in Criminal Revision No. 12 of 2017 (Deepak Kumar Sharma Vs. State of U.P. & Others). Further prayer has been made to stay the further proceedings of aforesaid criminal complaint case.

Heard learned counsel for the applicant and the learned AGA appearing for the State.

It is submitted by the learned counsel for the applicant that the complaint was filed on the basis of false allegations and malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.

On the other hand, learned AGA has submitted that the applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C. The impugned order does not suffer from any illegality or infirmity.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the...

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