Court No. - 44
Case :- APPLICATION U/S 482 No. - 28601 of 2018 Applicant :- Om Prakash Prajapati Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinod Kumar Shukla,Sita Ram Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sita Ram, 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 challenging the summoning order dated14th August, 2015 passed by the Additional Chief Judicial Magistrate, Court No. 1, Varanasi in Complaint Case No. 3037 of 2014 (Rajeev Kumar Vishwakarma vs. Om Prakash Prajapati), under Section 406, 504, 506 I.P.C., Police Station Cholapur, District Varanasi as well as the entire proceedings of the above mentioned complaint case.
The applicant has also challenged the order dated 9th February, 2018 passed by the court below whereby the Non-Bailable Warrant has been issued against the applicant.
Normally, this Court would have not interfered in such application, which is hopelessly barred by laches. However, in view of fair statement made by the learned counsel for the applicant that the applicant is ready to deposit the amount payable by him along with normal interest, which may be quantified by this Court, the present application is being entertained.
In view of fair statement made by the learned counsel for the applicant, it is hereby provided that the applicant shall deposit a sum of Rs. 1,10,000/- (rupees one lac and ten thousand only) towards the full and final payment under the complaint filed by the opposite party no.2 before the court below by means of a bank draft payable to the opposite party no.2 on or before 5th October, 2018. Till 5th October, 2018, no coercive action shall be taken against the applicant.
However, in case of default to comply with the aforesaid direction, the court below shall proceed with the case closing the right of defence of the applicant in the complaint case pending before the court below.
With the aforesaid direction, the present application stands finally disposed of.
(Rajeev Misra, J.) Order Date :- 5.9.2018 Sushil/-