Court No. - 79
Case :- APPLICATION U/S 482 No. - 11898 of 2020
Applicant :- Nitin Singh
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, Ms. Seema Shukla, learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the proceedings of Complaint Case No.820 of 2019 (Kusum Kaur Vs. Nitin Singh), under section 138 Negotiable Instruments Act, Police Station Simbhawali, District Hapur pending in the court of Judicial Magistrate, Garhmukteshwar, District Hapur as well as the summoning order dated 10.01.2020.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by learned counsel for the applicant is for expeditious disposal of his bail application.
In view of the submissions made by learned counsel for the applicant, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.
With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 6.1.2021 Lbm/-