Reserved on 16th August, 2018 Delivered on 21st August, 2018
Court No. - 44
Case :- APPLICATION U/S 482 No. - 27766 of 2018 Applicant :- Harish Pal Babbar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anshul Kumar Singhal,Vinod Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Vinod Kumar Agarwal, learned counsel for the applicant and the learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of Complaint Case No. 3686 of 2017 (Amit Singhal vs. Harish Pal Babbar), under Section 138 of Negotiable Instruments Act, Police Station Kavi Nagar, District Ghaziabad pending in the Court of IInd Additional Civil Judge (Senior Division), Ghaziabad.
3. From the record, it appears that in the present case, the applicant was summoned vide summoning order dated 12th August, 2014. However, inspite of the aforesaid summoning order, the applicant did not appear before the court below and consequently, bailable warrant was issued against the applicant vide order dated 30th November, 2015. Subsequently, the applicant appeared before the court below and participated in the proceedings of the above mentioned complaint case. However, for the reasons best known to the applicant, he abandoned the proceedings of the above mentioned complaint case from 12th April, 2018. Consequently, the court below vide order dated 15th June, 2018 has issued Non-Bailable Warrant against the applicant.
4. Considering the facts and circumstances of the case that the applicant duly appeared before the court below and was participating in the proceedings of the trial of the above mentioned complaint case, it is hereby provided that the execution of the Non-Bailable Warrant issued against the applicant shall be kept in abeyance till 10th September, 2018.
5. In case the applicant appears before the court below on or before the aforesaid date, the court below shall readmit the applicant to bail.
6. However, in case of default, the interim protection granted by this Court court as well as the direction issued to the court below to readmit the applicant to bail, both shall stand revoked automatically. The court below shall thereafter proceed against the applicant in accordance with law.
7. With the aforesaid directions, the present application stands disposed of finally.
(Rajeev Misra, J.) Order Date :- 21.08.2018 Sushil/-