Court No. - 72
Case :- APPLICATION U/S 482 No. - 32625 of 2019 Applicant :- Kuldeep Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lal Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the entire proceedings of Complaint Case No. 3092 of 2013 (Amit Jalota Vs. Kuldeep Singh) under Section- 138 of N.I.Act, Police Station- Nawabganj, District- Kanpur Nagar, pending in the court of Additional Court No.IV Kanpur Nagar.
The complaint was filed in the year 2013 and the applicant was summoned vide summoning order dated 21.1.2014, according to the applicant, he has challenged that order and since the non- bailable warrant and proceedings under Section 82 Cr.P.C. has been issued against the applicant.
No ground for quashing the aforesaid proceedings is made out.
Learned counsel for the applicant has made a statement at bar that his client shall appear within two weeks from today along with proper application, thus, the proceedings of the case may be stayed.
Prayer for quashing the non-bailable warrant as well as proceedings under Section 82 Cr. P.C. is refused.
However, considering the facts and circumstances, it is provided that if the applicant appears before the court concerned within two weeks from today with an application for recall of the non-bailable warrant as well as proceedings under Section 82 Cr. P.C., the concerned Magistrate shall decide the same in accordance with law. For the period of two weeks from today, no coercive action shall be taken against the applicant. In case, the applicant fails to appear before the court concerned within two weeks from today, coercive action shall be taken against him for ensuring his presence in accordance with law.
With the above directions, this application is disposed of finally
Order Date :- 30.9.2019 Akbar