كلمة في الدقيقة
206
Darsh_KEWAT
00:00
السرعة
The present application has been filed to set aside the entire proceedings of Complaint (Shubham Kumar Gupta vs. Dileep Kumar Gour) under Section summoning order pending in the Court of Special C.J.M., Court No.2, Allahabad including the order and judgment passed by Additional Sessions Judge, Court No.9, Allahabad in Criminal Revision (Dileep Kumar Gour vs. Shubham Kumar Gupta). Learned counsel for the applicant submitted that applicant and complainant were known to each other. The brother-in-law of the complainant was running a mobile phone business in the name of Gupta Cassettes at Purana Katra, Allahabad, which was subsequently closed. It is further submitted that the complainant requested the applicant to sell certain mobile sets on his behalf and applicant accepted the request and issued a cheque bearing After selling the mobile handsets, applicant paid the entire sale consideration to the complainant and no amount remained due and repeatedly requested to return the cheque but the complainant failed to do so on the pretext that the cheque has been misplaced. It is further submitted that due to mala-fide intention only to extract the money from the applicant, the complainant instituted a complaint false facts being Complaint Case alleging therein that on the request of the applicant, he has given the promise that the said amount shall be deposited within four months and after by the applicant to the complainant. Legal notice has been given to the applicant and on the assurance of the applicant, the said cheque was again presented and it was again dishonoured It was thereafter allegedly presented for the third time and again dishonoured It is further submitted that the complaint neither discloses the date on which the statutory notice under Section 138 of the Negotiable Instruments Act was issued after the first dishonour, It is next submitted that although the complaint refers to issuance of legal notice, only a postal receipt dated 06.09.2014 was filed and no copy of the alleged notice or proof of its service upon the applicant was brought on record and no statutory notice was alleged to have been issued after the second and third dishonour of the cheque. Present election dispute pertains to 335 Ram Kola Assembly Constituency reserved for Schedule Caste candidates. The date of nomination form was date of scrutiny of nomination form was from dates for withdrawal of nomination form was date of polling date of counting of votes was and the date of completion of election Many candidates have filed nomination papers and petitioner was also one them along with Vinay Prakash Gond (returned candidate), respondent Case of the petitioner is that Vinay Prakash Gond (returned candidate) belongs to Backward Class whereas obtaining Schedule Caste Certificate fraudulently and filed nomination papers for the said election relying upon that SC Certificate. Against that, petitioner has immediately filed complaint before the Returning Officer with a prayer to cancel the nomination on the ground of false caste certificate, but the said complaint was rejected by the Returning Officer. Ultimately, election was held in which Vinay Prakash Gond was declared returned candidate i.e. elected candidate. Against the said election, present election petition has been filed. The sole ground so taken is that returned candidate has obtained SC Certificate fraudulently as he belongs to Other Backward Class It is undisputed that said certificate is under challenge before the District Level Committee constituted by the State Government and till date, no decision has been taken upon the same. Aforesaid complaint is still pending for final disposal. It is prayed that as returned candidate has obtained SC Certificate fraudulently, therefore, his election as a Member of Legislative Assembly, U.P. from 335 Ram Kola Assembly Constituency has to be set aside and declared null and void. A written submission has also been filed by the opposite party no. 2 denying the allegation so levelled against him. It is specifically stated in the written submission that in the light of Government Order included in the list of OBC. Opposite party no. 2 belongs to Gond Caste, therefore, he is entitled for the SC Certificate, which was issued in his favour. It is also stated in the written submission that caste certificate so issued to him was subjected to scrutiny by the District Level Committee;