MAAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) The instant petition has been filed for quashing the entire proceedings of Criminal Case No. 114 of 1993 (Shiv Shanker Sinha Vs. Maan Singh) under Section 138 Negotiable Instrument Act whereby the summoning order was passed on 25.10.1993 by the Additional First Munsif Magistrate, Ghazipur and further prayed to set aside the order dated 31.5.2011 passed by the Special Judge E.C. Act, Ghazipur in Criminal Misc. Application No. 26 of 2008 (Maan Singh Vs. State of U.P. and others), police station Kotwali, district Ghazipur whereby the application of the applicant to condone the delay in filing the revision was rejected and the record of the case was directed to be returned to the trial court.

(3.) The factual matrix of the case is that the opposite party no.2 filed a complaint against the applicant on 4.8.1993 that his wife is a Partner of M/s. Siddharth Enterprises Tikhampur, Kalpana Colony, Ballia who had entered into a contract with Roop Fuel Organization of which the applicant was the proprietor/sole stockist at Pilikothi, Koelaghat, Ghazipur. In respect of the goods supplied by the complainant the applicant had given a cross cheque of United Commercial Bank, Bhelupur, Varanasi of Rs. 2,000/- in favour of Smt.Meena Sinha who is the wife of the complainant, which was deposited by the complainant at Bank of Baroda Branch Ghazipur. The said cheque could not be encashed due to non payment. In this regard the complainant had given information several times to the applicant but the money was not paid by him, therefore, it was prayed that a case be registered under Section 138 Negotiable Instrument Act and under Sections 419 and 420 of Indian penal Code as the applicant had committed fraud by taking goods worth to Rs. 10,000/- and the money has not been refunded back. On the basis of the said application a criminal case was registered as case No. 114 of 1993 (Shiv Shanker Sinha Vs. Maan Singh). The statement of the complainant under Section 200 Criminal Procedure Code recorded on 4.8.1993 and the statements of Rajendra Kumar and Laxmi Kant Pandey were recorded under Sections 202 Criminal Procedure Code on 11.8.1993 who had supported the complaint case. The notices sent to the applicant, Photocopy of the cheque of Rs. 2,000/- and the bank report and photo copy of the agreement were filed before the court below in support of the complaint. The court below found that prima facie offence is made out under Section 138 Negotiable Instrument Act and as such the summoning order was passed against him by the impugned order dated 25.10.1993. The aforesaid order was challenged by the applicant by filing a criminal revision before the court of Sessions Judge, Ghazipur on 4.4.2008 along with delay condonation application and affidavit. In the aforesaid revision the aforesaid delay condonation application was registered as Misc. Case No.26 of 2008 and a notice was issued to the respondent fixing 14.5.2008 for disposal by inviting objections. On 31.5.2011 the Misc. Case was dismissed for non-prosecution and the record of the trial court was returned back.