SHIVAM PANDEY Vs. STATE OF U.P

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed for setting aside the order dated 13.2.2019 passed in Complaint Case No. 2501/9 of 2017 (M/s. Baba Bar and Angel Pvt. Ltd. Vs. Shivam pandey) under section 138 Negotiable Instruments Act, P.S. Mansoorpur, District Muzaffar Nagar and recall the non bailable warrants issued vide order dated 5.1.2019 against the applicant. Heard applicant's counsel and learned AGA.

(2.) It is submitted by the learned counsel for the applicant that the entire allegations are false. Cheque in question was not issued against any existing debt or liability. Referring to the entire evidence available on record, it is submitted that the summoning order is illegal and without application of judicial mind. No cause of action arose to file the complaint. It is further submitted that the applicant is willing to settle the dispute on the basis of compromise, therefore, matter may be referred to the Mediation and Conciliation Centre of the District Court concerned. On the other hand, learned AGA opposed the prayer. I have considered the rival submissions made by the learned counsel for the parties and perused the entire record carefully.

(3.) The submissions made by the applicant's counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. But it shall suffice to observe that the perusal of the complaint, and also the material available on record make out a prima facie case against the accused at this stage and there appear to be sufficient ground for proceeding against the accused. I do not find any justification to quash the complaint or the summoning order or the proceedings against the applicant arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing. The prayer for quashing the same is refused as I do not see any abuse of the Court's process either.