AWDHESH KUMAR SHUKLA Vs. STATE OF U.P.
LAWS(ALL)-2019-7-333
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on July 11,2019

AWDHESH KUMAR SHUKLA Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for setting aside the impugned order dated 06.01.2018 passed in complaint case no. 6918 of 2017 (Santosh Kumar Mishra Vs. Awdhesh Kumar Shukla) passed by Additional Court No. 3, Lucknow whereby the petitioner has been summoned in the aforesaid complaint case, under section 138 N.I. Act, P.S. Taalkatora, District Lucknow.
(2.) All the contentions raised by the applicants' 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.
(3.) The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required.;


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