Court No. - 64
Case :- APPLICATION U/S 482 No. - 16607 of 2019 Applicant :- Gopal Yadav Opposite Party :- State Of Up And Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
By way of the instant application, the applicant has sought to quash the non- bailable warrant dated 13.02.2019 as well as summoning order dated 22.11.2017 in complaint case No.2002 of 2016, under Section 138 N.I. Act, Police Station Cantt, District Varanasi, pending in the court of A.C.J.M., court no.9, Varanasi.
Learned counsel for the applicant submits that applicant has neither deliberately avoided to attend the court below nor he has any intention to delay the trial. However, he made promise, as has been extended on behalf of the applicant, that as a matter of last chance, he may be permitted to appear/surrender before the court below as he is ready to give an undertaking that he will always appear before the trial court on the date fixed.
Learned AGA has supported the proceedings of the lower court and submitted that there is no good ground for quashment of the proceedings. He adds that court below has rightly issued the non- bailable warrant against the applicant, but he conceded that if, applicant makes promise to surrender before the court below within the stipulated period, then Court may give some time for his surrendering before the court below.
In view of above facts and circumstances of the case, as a matter of last opportunity, applicant is directed to appear before the court concerned within a period of two weeks' from today and apply for bail, the same shall be heard and disposed of by the courts below in accordance with law by passing speaking and reasoned order.
With the above directions/observations, this application is finally disposed of.
Order Date :- 26.4.2019/Raj