NANAK CHAND GAUTAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Prasoon Tomar, learned counsel for the applicant, Mr. Suresh Chandra Pandey, learned counsel for the opposite party no.2 and Mr. Pankaj Kumar Srivastava and Amit Singh Chauhan, learned A.G.A for the State and perused the material available on record.

(2.) The present application under Sec. 482 Cr.P.C. has been filed to quash the impugned order dtd. 8/11/2012 by which the learned Magistrate has rejected the application No.115B U/s 256 Cr.P.C. in Criminal Case No.1336/IX/2008 (Radhey Shyam Agarwal Vs. Nanak Chand Gautam) U/s 138 N.I. Act, Police Station-Kotwali, Mathura, pending in the Court of VIth Judicial Magistrate, Mathura.

(3.) The records go to show that a complaint under Sec. 138 N.I. Act was filed by Late Radhey Shyam Agrawal against the applicant, challenging the proceedings an application No.13672 of 1993 (Nanak Chand Vs. State of U.P.) was filed before the Honble Court and the Honble Court on 13/9/1993 stayed the further proceedings of the criminal case No.2955/IX/1992, filed under Sec. 138 N.I. Act. Subsequently, the aforesaid case was dismissed in default and stay order was vacated on 2/9/1997. Earlier, on an application of the applicant, the trial Court vide order dtd. 13/3/2006 closed the evidence of defence of the applicant and fixed 24/3/2006 as the date for argument. Thereafter, on 14/4/2006 the applicant moved an application with the prayer to provide opportunity for producing evidence in his defence, on which on 10/9/2008, last opportunity was given to the applicant/accused for producing evidence in his defence. On 20/2/2009, the application of the applicant was rejected and opportunity for producing evidence was closed by a detailed order. A Criminal Revision was filed against the order dtd. 20/2/2009 in the Court of Sessions Judge, Mathura on 15/4/2009 and the same was also dismissed.