Court No. - 44
Case :- APPLICATION U/S 482 No. - 28689 of 2018 Applicant :- Abdul Jabbar @ Jabbar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Deena Nath Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Deena Nath, learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 5.9.2016, passed by the Judicial Magistrate Ist, Bulandshahar in Complaint Case No.
596 of 2015 (Shamshadurrahman Vs. Abdul Jabbar), under section 406 IPC, P.S. B.B. Nagar District Bulandshahar. The applicant has also challenged the order dated 17.7.2018 whereby, non bailable warrants were issued against the applicant.
Learned counsel for the applicant submits that the applicant is ready to deposit the amount payable under the disputed cheque before the Court below by means of a bank draft payable to the opposite party No.2.
Accordingly, it is provided that the execution of the non bailable warrant against the applicant shall be kept in abeyance till 10.10.2018. The applicant shall submit a bank draft of amount payable under the disputed cheque drawn in favour of opposite party No.2 before the Court below on or before 10.10.2018.
In case the aforesaid exercise is undertaken by the applicant, then the Court below shall proceed to pass an order of compounding in terms of section 320 Cr.P.C.
However, upon failure of the applicant to comply with the aforesaid directions, the Court below shall be free to proceed with the trial of the complaint case and the right of the applicant to lead defence shall stand fortified.
With the aforesaid directions, this application is disposed of.
Order Date :- 6.9.2018 Arshad