Court No. - 1
Case :- APPLICATION U/S 482 No. - 38509 of 2018 Applicant :- Kamal Chaurasia Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dheeraj Kumar Singh,Ray Sahab Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Dheeraj Kumar Singh, learned counsel the applicant and Sri Ajeet Ray, learned A.G.A. for the State and perused the record The present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of complaint case no. 38/2017, under Section 138 N.I. Act, P.S. Kotwali, District Allahbad pending before the concerned courts below as well as orders dated 14.11.2017 and 28.05.2018 passed in the aforesaid case.
Learned counsel for the applicant contended that the applicant has already been granted bail by the competent court and thereafter he could not appear before the trial court, hence non-bailable warrants were issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
After having considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicant moves an application for cancelling the non-bailable warrants issued against him before the court below within two weeks from today along with the certified copy of this order, in that case the concerned court will be at its discretion to pass appropriate order thereon either recalling the non bailable warrant issued against the applicant or directing the applicant to file fresh bail bonds in the aforesaid case as the case may be.
For a period of two weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring his appearance before it.
Order Date :- 26.10.2018 Anand Verma