Prashim Kapil vs Suneel Kumar

Manoj K. Tiwari, J

By means of this application under Section 482 Cr.P.C., applicant has challenged criminal proceedings of Complaint Case No. 1733 of 2016, under Section 138 of Negotiable Instruments Act, pending in the court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar.

Brief facts of the case are that respondent - Suneel Kumar filed a criminal complaint under Section 138 of Negotiable Instruments Act before learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar. The said criminal case was registered as Criminal Complaint Case No. 1733 of 2016. Learned Magistrate, took cognizance against the applicant and issued summoning order on 26.11.2016 under the aforesaid section. Hence, applicant preferred present criminal miscellaneous application before this Court.

Heard learned counsel for the applicant and perused the record.

After hearing learned counsel for the parties, I do not find any justification to interfere in the impugned summoning order passed by learned trial court. It is settled position in law that the Court would interfere with a summoning order or proceedings of a criminal case only in rarest of cases where the offence is not made out or there is gross injustice to the accused-applicant. It is also settled position of law that this Court, while hearing the petition under Section 482 Cr.P.C., is not sitting as a trial court & this Court cannot take into consideration the plausible defence of the accused during the course of hearing. I am of the view that the factual aspect of this case needs evidence to be adduced by the parties before the court concerned and the trial court after considering the evidence on record will decide the matter in accordance with law. I am not supposed to embark upon an enquiry with regard to the accusation of the applicants at this stage, as any judgment rendered by me would amount to pre-trial. Therefore, in view of the above facts as well as the submission raised by learned counsel for the applicants, I do not find any abuse of process of court in this case and no flagrant injustice is also going to be caused to the applicant in the case. The contentions, which the learned counsel for the applicant has raised before me, can be raised during defence and evidence may also be led on those aspects.

Accordingly, the criminal miscellaneous application under Section 482 Cr.P.C. filed by the applicant is dismissed.