Laxmi Devi v. Raj Kumari), under Section
Case Details
Court No. - 52 Case :- APPLICATION U/S 482 No. - 5016 of 2023 Applicant :- Raj Kumari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Shiv Shanker Prasad,J. Heard the learned counsel for applicant and the learned A.G.A. for State. Perused the record. This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 19th July, 2022 passed by the Judicial Magistrate, Hathras in Complaint Case No. 28675 of 2021 (Laxmi Devi Vs. Raj Kumari), under Section 138 N.I. Act, Police Station- Hathras, District-Hathras, as well as the entire proceedings of above mentioned complaint case now pending in the court of Judicial Magistrate, Hathras. Learned counsel for the applicant submits that present criminal proceedings are not only malicious but also an abuse of process of court. According to the learned counsel for applicant, there is no legally chargeable debt against the applicant. Apart from above, the present criminal proceedings are otherwise not maintainable for non-compliance of the mandatory provisions of the N.I. Act.
Legal Reasoning
All the contentions raised by the applicant's counsel relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. The law regarding sufÏciency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufÏcient ground to proceed in the matter is required. Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The cases of (1) Chandra Deo Singh Vs.