Court No. - 41
Case :- APPLICATION U/S 482 No. - 29129 of 2018 Applicant :- Manoj Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Varun Dev Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the N.B.W. order dated 4.8.2018 passed by learned Additional Court, 138 N.I. Act, District Muzaffarnagar in Complaint Case No. 532/9 of 2016 (Suneel Kumar vs. Manoj Kumar) under Section 138 N.I. Act, Police Station Kotwali, District Muzaffarnagar.
Learned counsel for the applicant submitted that applicant is ready to appear before the lower Court till 19.9.2018. The accused was already on bail but due to illness he could not appear, hence NBW was issued.
The prayer for quashing NBW is refused as I do not see any abuse of the Court's process either.
However, on the undertaking given by learned counsel for the applicant, no coercive action will be taken against him till 19.9.2018 and the applicant is directed to appear before the Court concerned till 19.9.2018. If he does not appear till 19.9.2018 before the trial Court, this order shall stand discharged.
With the above observations, this application stands disposed off.
Order Date :- 5.9.2018 P.P.