Amit Kumar Singh @ Sonu Singh vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2810

RAJEEV MISRA
Amit Kumar Singh @ Sonu Singh – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Alkeshwar Kumar Singh, Atul Srivastava.
For the Opposite Party : G.A.

JUDGMENT

Rajeev Misra, J.

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

2. Perused the record.

3. This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 8.9.2021 passed by the Chief Judicial Magistrate in Complaint Case No. 3711 of 2020 (Alok Kumar Singh v. Amit Kumar Singh @ Sonu Singh), under Section 138 N.I. Act, Police Station- Kotwali, District-Ballia as well as the entire proceedings of above mentioned complaint case now pending in the court of Judicial Magistrate, Ballia.

4. Learned counsel for the applicant submits that present criminal proceedings are not only malicious but also an abuse of process of court. According to the learned counsel for applicant, there is no legally chargeable debt against the applicant. Apart from above, the present criminal proceedings are otherwise not maintainable for non-compliance of the mandatory provisions of the N.I. Act.

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