Court No. - 64
Case :- APPLICATION U/S 482 No. - 20748 of 2019 Applicant :- Mohan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Kumar Mishra,Rajiv Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought for quashment of the order dated 18.12.2018 and the proceeding in Case No.1200 of 2016, under Section 138 Negotiation Instruments Act, Police Station Nawabad, District Jhansi, pending before the Additional Chief Judicial Magistrate-II, Jhansi.
Contention raised on behalf of the applicant is confined to the ambit that opposite party no.2 has not yet appeared before the court below and he has merely filed his affidavit due to which the applicant is unable to cross examine him. However, no statement under Section 200 and 202 Cr.P.C. has been filed by opposite party no.2 before the court below. Now, non- bailable warrant has been issued against the applicant on 18.12.2018.
It has been further added that the applicant has every desire to cross examine opposite party no.2 provided that he is present in the court concerned as he evaded the proceeding of the court concerned because of which the applicant has been put to trouble and opportunity to cross examine complainant - opposite party no.2 is denied to the applicant.
Learned A.G.A. has opposed the prayer for quashment of the impugned order and the proceeding.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, it is directed that in case the applicant appears before court concerned and moves an appropriate application with the undertaking that he will participate in the proceeding and he shall not occasion delay in disposal of the case then the court below will allow him to participate in the proceeding. If the opportunity to cross examine the complainant - opposite party no.2 is asked by the applicant then the same shall be provided when the stage is reached in the trial.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.5.2019 rkg