Hari Om Verma v. State Of U.P. & Anr.

Court No. - 11

Case :- U/S 482/378/407 No. - 1891 of 2017

Applicant :- Hari Om Verma Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Samrat Gupta Counsel for Opposite Party :- Govt. Advocate

Hon'ble Mahendra Dayal,J.

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

The applicant has filed this application under Section 482 Cr.P.C., for quashing of the entire proceedings of Case No.419/2015, under Section 138 of the Negotiable Instructions Act, pending in the Court of Additional Court No.10, N.I. Act, Lucknow.

It has been contended by the learned counsel that a registered agreement to sell was executed between the applicant and the opposite party No.2 and in pursuance thereof, the applicant paid certain amounts by way of cash and cheques. However, after the agreement was executed and the payment by way of cash was made, the applicant came to know that the opposite party No.2 is not the owner of the property and has no right to execute any sale-deed. The applicant then instructed his bank to stop payment of cheque and thereupon the cheques presented by the opposite party No.2 in the bank were dishonored.

It has further been submitted by the learned counsel for the applicant that in the aforesaid circumstances, the proceedings under Section 138 of the Negotiable Instruments Act against the applicant is nothing, but abuse of the process of law.

Learned AGA has on the other hand submitted that all these plea may be raised by the applicant before the court below at the appropriate stage and this Court while exercising jurisdiction under Section 482 Cr.P.C., cannot quash the proceeding and conduct a mini trial.

Upon consideration of the aforesaid submissions made by the parties, I do not find any ground for quashing of the complaint case. The application under Section 482 Cr.P.C., is, therefore, dismissed.

Order Date :- 24.3.2017 Rakesh/-

Neutral Citation No. - 2017:AHC-LKO:5564