C482/1236/2010 of GOPAL SINGH GARIYA Vs BABU RAM SAXENA

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 1236 of 2010 (Under Section 482 Cr.P.C.)

Gopal Singh Gariya

Babu Ram Saxena

….…… Applicant

versus

………. Respondent

Mr. Sarvesh Agarwal, Advocate for the applicant. None is present on behalf of the respondent.

U. C. Dhyani, J. (Oral)

By means of present application under Section 482 Cr.P.C., applicant seeks to quash the summoning order dated 24.07.2009, under Section 138 of Negotiable Instrument Act, passed by the Learned Judicial Magistrate, Khatima, District-Udham Singh Nagar in Complaint Case No.473 of 2009 (Babu Ram Saxena vs. Gopal Singh), pending in the Court of Learned Judicial Magistrate, Khatima, District-Udham Singh Nagar.

2. Learned counsel for the applicant contends that the cheque, alleged to have been bounced, has been issued on behalf of Royal Agency. As per the information and evidence collected by the applicant, the proprietor of Royal Agency is one Sri Ganga Singh S/o Sir Pratap Singh. The applicant has no concern with the Royal Agency and has not issued the alleged cheque.

3. Notice was issued to respondent, but none has turned up on his behalf.

4. It appears that the complainant is not interested in prosecuting the accused-applicant.

5. At the time of admission of present C-482 petition, this Court passed an interim order, vide order dated 28.12.2012, and stayed the complaint case initiated against applicant under Section 138 of Negotiable Instrument Act, pending in the Court of Judicial Magistrate, Khatima, District-Udham Singh Nagar, till the next date of listing.

6. There seems to be substance in the contention of leaned counsel for the applicant that the criminal proceedings initiated against the applicant are nothing but abuse of process of the Court.

7. It will be futile exercise to keep present petition under Section C-482 Cr.P.C. pending in this Court.

8. The Court can intervene in exercise of jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law, as has been held by Hon’ble Apex Court in Rajiv Thapar and others vs. Madan Lal Kapoor (2013) 3 SCC 330, Amit Kapoor vs. Ramesh Chander and another, 2013 (1) SCC (Crl.) 986 and Inder Mohan Gosami and another vs. State of Uttarakhand and others, (2008) 1 SCC (Crl.) 259.

9. The petition under Section 482 Cr.P.C. is, therefore, allowed. The summoning order dated 24.07.2009, under Section 138 of Negotiable Instrument Act, passed by the Judicial Magistrate, Khatima, District-Udham Singh Nagar, in Complaint Case No.473 of 2009 (Babu Ram Saxena vs. Gopal Singh), pending in the Court of Judicial Magistrate, Khatima, District-Udham Singh Nagar, are hereby quashed.

10. Since present application under Section 482 Cr.P.C. is being decided in the absence of respondent, therefore, liberty is granted to him to move for recall of this order, if he feels aggrieved with the same.

A.kaur

(U. C. Dhyani, J.) 03.07.2017