Court No. - 50 Case :- APPLICATION U/S 482 No. - 2556 of 2022
Applicant :- Seema Sahajpal Bahal
Opposite Party :- State Of U P Through Secretary Home Lucknow And 2 Others
Counsel for Applicant :- Rajneesh Kumar Srivastava,Smt. Priyanka Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed by applicant to quash the summoning order dated 01.12.2020 and entire proceeding of Complaint Case No. 8483 of 2020 (Paras Jain and Company vs. Shri Transport Company & others), under Section 138 N.I. Act, Police Station Nai Mandi, District Muzaffar Nagar, pending in the court of Special Magistrate (N.I. Act), Muzaffar Nagar.
Main submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. She has not issued any cheque in favour of the complainant. The trial court wrongly summoned the accused-applicant for facing the trial. He further submitted that statement of accused- applicant under Section 251 Cr.P.C. has already been recorded in which she denied the allegation levelled against her. He showed some statements Neutral Citation No. - 2022:AHC:11162
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and documents in favour of his contention. Learned AGA opposed the prayer and submitted that the purpose of summoning order is to face the trial and the applicant has turned up before the trial and proceeding is going on. The statement of accused under Section 251 Cr.P.C. has already been recorded and case is fixed for evidence. At this stage, order of summoning cannot be challenged.
Considering the entire facts and circumstances of the case, rival submissions made by learned counsel for the parties, I do not see any good ground to quash the summoning order. Accordingly, the present application under Section
482 Cr.P.C. is dismissed.
Order Date :- 8.2.2022 Manoj
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