1. Heard Sri Rajesh Kumar, learned counsel for the applicant as well as learned Additional Government Advocate for the state of U.P. through video conferencing in view of COVID-19 pandemic.
2. In view of the order proposed to be passed, with the consent of learned counsel for the parties, requirement of issuance to notice to opposite party no. 2 is dispensed with.
3. This application has been filed by the applicant for quashing the impugned order dated 08.08.2019 and 18.01.2021, arising out of Complaint Case No. 3033 of 2018, under Sections 138 of N.I. Act, Police Station - Gajipur, District - Lucknow pending in the Court of Sub Divisional Magistrate, Court No. 5, District Lucknow.
4. From the perusal of the impugned charge sheet as well as record, no case for quashing the charge sheet is made out.
5. After arguing the matter at some length, learned counsel for the applicant restricts his prayer to grant appropriate relief in light of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
6. Learned A.G.A. has no objection to the aforesaid prayer.
7. In view thereof, it is provided that if the applicant namely Mohd. Mohneesh Khan surrenders before the Court below within four weeks' from normal resumption of Court(s) and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (supra).
8. For a period of four weeks or till the normal functioning of the Court resumes, whichever is later, no coercive steps shall be taken against the applicant in the aforesaid case.
9. With the aforesaid observations, the present application stands disposed of.
Order Date :- 30.4.2021 Asheesh