Kuldeep Dubey v. Devendra) under Section
Legal Reasoning
HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl.No.50) Court No. - 79 Case :- APPLICATION U/S 482 No. - 19603 of 2024 Applicant :- Devendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Sharma,Rajesh Kumar Sharma Counsel for Opposite Party :- Alok Singh,Durgesh Sharma,G.A. Hon'ble Anish Kumar Gupta,J.
Legal Reasoning
1. Heard Sri Raj Kumar Sharma, learned counsel for the applicant, Sri Alok Singh, learned counsel for the opposite party no.2 and Sri Prem Prakash Tripathi, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 20.02.2024 as well as the entire proceeding of Complaint Case No.1238 of 2017 (Kuldeep Dubey vs. Devendra) under Section 138 of the Negotiable Instruments Act (in short the 'N.I.Act'), P.S. New Agra, District Agra, pending before the court of Additional Court, Court Court No.2, Agra. 3. Learned counsel for the applicant submits that the instant complaint case under Section 138 of the N.I. Act was filed by the opposite party no.2 for misappropriating the cheque, which was submitted by the applicant to the Syndicate Bank, Etora, Agra at the time of availing loan facility as security to the repayment of the loan to the bank. Along with the impugned cheque, four other cheques were given to the bank concerned. The instant case was contested by the applicant tooth and nail before the trial court concerned and after recording the statement under Section 313 Cr.P.C., an application was filed by the applicant herein for the examination of the handwriting on the impugned cheque with regard to the name, date and amount filled up in the cheque by the opposite party no.2 as the same were not the handwriting of the applicant except the signatures, which were admitted by the applicant. The signed cheque was given by the applicant to the Synidicate Bank as security to the repayment of the loan facility, which was availed by the applicant. Learned counsel for the applicant further submits that the application for examination of the said handwriting on the impugned cheque, was moved by the applicant in consonance with his statement under Section 313 Cr.P.C. and he is ready to bear the cost to be paid to the handwriting expert. The said application was rejected by the trial court vide order dated