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