Geeta vs State of U. P. - 2023 Supreme(All) 2812

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2812

RAJEEV MISRA
Geeta – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Anoop Kumar Mishra, Pradhumn Kumar Pandey.
For the Opposite Party : G.A.

JUDGMENT

Rajeev Misra, J.

Heard Mr. Pradhumn Kumar Pandey, the learned counsel for applicant and the learned A.G.A. for State.

2. Challenge in this application under Section 482 Cr.P.C. is to the entire proceedings of Case No. 3672 of 2020 (Dinesh v. Geeta) under Section 138 N.I. Act, Police Station Badaut, District Baghpat now pending in the Court of Judicial Magistrate, Baghpat.

3. Perused the record.

4. Learned counsel for applicant submits that applicant is not liable to pay any amount to the complainant/opposite party-2 as there is no legally chargeable debt. As such present criminal proceedings are not only malicious but also an abuse of the process of Court. Consequently, same are liable to be quashed by this Court.

5. All the contentions raised by the applicant's counsel relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.

6. The law