Court No. - 64
Case :- APPLICATION U/S 482 No. - 16903 of 2019 Applicant :- Anwar Khan @ Bablu Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Maimoona Fatima Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
By way of the instant applicant, the applicant has sought for quashment of the non-bailable warrant order dated 29.03.2019 and summoning order dated 04.03.2016 passed by the Additional Chief Judicial Magistrate, Court No.6, Aligarh, in Case No.1152 of 2014, Anand Swaroop Vs. Anwar @ Bablu, under Section 138 Negotiable Instruments Act, Police Station Qwarsi, District Aligarh, pending in the court of the Additional Chief Judicial Magistrate, Room No.6, Aligarh.
Learned counsel for the applicant has submitted that the entire amount has already been paid to opposite party no.2 and the applicant is ready to show this fact before the court below. During course of the trial, the proceeding about the case had not been in the knowledge of the applicant due to which he could not appear before the court concerned. In the meanwhile, non- bailable warrant has been issued against him. The applicant promises that he will appear and participate in the proceeding before the court below if the one last opportunity is given to him.
Learned A.G.A. has no objection provided the applicant appears before the court below.
Considered the submissions and perused the impugned order. I do not find any illegality in the order impugned in the instant application.
However, taking into consideration facts and circumstances of the case, it is provided in the fitness of things that in case the applicant appears before the court concerned within three weeks from today and submits to the custody of the court and at that relevant point of time, he moves the application for recall/bail, the same shall be considered and disposed by the courts below on the same day after affording an opportunity of hearing to both the sides.
For a period of three weeks from today, no coercive action shall be taken against the applicant and effect and operation of the non-bailable warrant in question shall be kept in abeyance.
If the applicant does not appear before the court concerned within the stipulated period, the court below shall proceed further with the case in accordance with law.
Order Date :- 29.4.2019 rkg