Smt. Somwati Vs. State Of U.P. And Another

Allahabad High Court (Single Judge)

APPLICATION U/s 482, 11583 of 2015, Judgment Date: May 04, 2015

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 38 

Case :- APPLICATION U/S 482 No. - 11583 of 2015 

Applicant :- Smt. Somwati 
Opposite Party :- State Of U.P. And Another 
Counsel for Applicant :- Sudhakar Singh 
Counsel for Opposite Party :- Govt. Advocate 

Hon'ble Yashwant Varma,J. 
The challenge in the present application� under Section 482 Cr.P.C. is to the summoning order dated 02.09.2014� and for quashing the entire proceedings of Case No. 1763 of 2014 (Mahipal Singh Vs. Mukut Lal and another) under Sections 138 of Negotiable Instruments Act IPC P.S.Chandausi, District Sambhal.� 
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 
The prayer for quashing the proceedings of the aforesaid case based on the summoning order is refused. 
In view of the above, this application is rejected. 
Order Date :- 4.5.2015