Court No. - 44
Case :- APPLICATION U/S 482 No. - 18648 of 2018 Applicant :- Aditya Varma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahesh Chandra Maurya,Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Santosh Kumar Singh, 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 11.02.2016 passed by the Additional Chief Judicial Magistrate 2nd, Saharanpur in Criminal Complaint Case No. 3464 of 2016 (Sanjeev Kumar Rana Vs. Aditya Verma) under Section 138 N. I. Act, Police Station- Fatehpur, District-Saharanpur as well as the entire proceedings of the above mentioned complaint case.
From the record, the Court finds that the summons of the aforesaid case were served upon the applicants on 20.03.2018. In spite of the service of the summons the applicant did not appear before the court below. As a consequence of the aforesaid, the court below vide order dated 05.04.2018 issued non bailable warrant against the applicant.
Learned counsel for the applicant submits that the applicant is ready to appear before the court below provided some protection is granted by this Court.
Looking into the bonafide of the applicant it is hereby provided that the execution of the non-bailable warrant issued by the court below shall remain in abeyance till 15.06.2018. The applicant shall appear before the court below on or before 15.06.2018 .
In case the applicant appears before the court below as directed above his bail application shall be considered by the court below in the light of the observations made in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
In case of default, the interim protection granted to the applicant by this Court shall stand automatically revoked.
With the aforesaid observations, the present application is finally disposed of.
Order Date :- 29.5.2018 YK