AKSHAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Akshay Kumar @ Bhola, with a prayer for quashing of impugned summoning order, dated 30.8.2018, passed by Civil Judge (Senior Division), Fast Track Court, Gautam Buddh Nagar, and, thereby, entire criminal proceeding, in Complaint Case No. 989 of 2017 (Kamal Singh v. Akshay Kumar @ Bhola), under Sections-420, 323 and 506 of IPC, Police Station-Knowledge Park, Distric-Gautam Buddh Nagar.

(2.) Learned counsel for applicant argued that it was a malicious prosecution, wherein, there is misuse of process of law. Applicant has been summoned on the basis of evidence recorded in routine, whereas, no such Committee was ever in existence nor was there any evidence of deposit of money, as alleged, rather, a cheque was given to the brother of the complainant against a loan. Subsequently, said loan was repaid and when cheque was demanded back, it was handed over to the complainant. After alleged dishonour of cheque, no proceeding, under the Negotiable Instrument Act was initiated, rather, this complaint was got filed, wherein, impugned summoning is there. Hence, for avoiding abuse of process of law and for securing ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.