Court No. - 64
Case :- APPLICATION U/S 482 No. - 17426 of 2019 Applicant :- M/S Kusum Enterprises Opposite Party :- State Of Up And Another Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
The applicant is ready to deposit Rs.11,293/- to the respondent no.2 within a period of one month provided the opportunity is granted and he had no intention to absent himself. He never received any notice due to which he is unaware of the proceeding.
Heard learned AGA.
In view of above, it is directed that the in case the applicant appears before the court concerned within a period of one month from today and deposit requisite amount in question i.e. Rs.11,293/- by way of demand draft to the informant side either personally or through agency of the court concerned, the court below shall after due identification of the victim/informant hand over the same to him, then court below may exonerate the applicant for the aforesaid offence unless he is required to in any other proceedings.
For a period of one month from today, no coercive action shall be taken against the applicant including the non- bailable warrant issued against the applicant dated 28.03.2019.
It is made clear that in the event no such deposition is made by the applicant within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.4.2019 Raj