Veeru Raidas vs State of U.P. and Another

Arvind Kumar Tripathi, J.—Heard learned counsel for the applicant, learned AGA for the State and perused the record. This Crl. Misc. application u/s 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No. 758/2013 u/s 138 Negotiable Instrument Act, P.S. Kotwali, District Jhansi and further prayer is to stay the proceeding of aforesaid case crime. Learned counsel for the applicant submitted that the cheque book of the applicant was misplaced which was kept in the bag along with other relevant materials and jewellery regarding which information was sent on 13.7.2013 to the Senior Superintendent of Police, Jhansi. An application was moved u/s 156(3) Cr.P.C. on the false allegation that Rs. 8 lac was advanced as loan and in view of that cheque was issued by the applicant for a sum of Rs. 8 lac, the present complaint has been filed. In fact, no amount was advanced and as such the entire proceeding is liable to be quashed.

Learned AGA opposed aforesaid prayer.

Considered the submission of counsel for the parties. If the fact that cheque book of the applicant with relevant papers with jewellery was misplaced which was kept in the bang, then no offence is made out. However, this factual aspects are required to be considered on the basis of evidence adduced by the parties, hence at this initial stage no interference is required.

However, in view of the aforesaid facts, if the applicant appears before the courts below within three weeks from today and applies for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day in view of the principles laid down by Full Bench of this Court in case of Amarawati and Another (Smt.) Vs. State of U.P., and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, . If due to any reason the bail application could not be disposed off same day, the applicant may be released on interim bail till disposal of the bail application. With these observations, the present application u/s 482 Cr.P.C. is hereby finally disposed off.