Court No. - 64
Case :- APPLICATION U/S 482 No. - 21481 of 2019 Applicant :- Pankaj Kumar Tiwari @ Titu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Neeraj Kumar Pandey 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.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to set aside the N.B.W. order dated 6.8.2018 and subsequent orders dated 6.10.2018, 5.11.2018, 10.12.2018, 12.1.2019, 19.2.2019, 13.3.2019, 3.4.2019 and 4.5.2019 passed against the applicant in Complaint Case No. 76765 of 2017, under section 138 N.I. Act by Special Chief Judicial Magistrate, District Kanpur Nagar.
Learned counsel for the applicant has submitted that during course of the trial, the applicant was suffering from severe illness, due to which he could not appear before the court concerned. In the meanwhile, non-bailable warrant has been issued against him. The applicant promises that he will appear and participate in the proceeding before the court below, if the one last opportunity is given to him.
Learned A.G.A. has no objection provided the applicant appears before the court below.
Considered the submissions and perused the impugned order. I do not find any illegality in the order impugned in the instant application.
However, taking into consideration facts and circumstances of the case, it is provided in the fitness of things that in case the applicant moves an application for recall/bail before the court concerned within 15 days from today, the same shall be considered and disposed by the court below, expeditiously, if convenient, on the same day after affording an opportunity of hearing to both the sides.
For a period of 15 days from today, no coercive action shall be taken against the applicant and effect and operation of the non-bailable warrant in question shall be kept in abeyance.
If the applicant does not appear before the court concerned within the stipulated period, the court below shall proceed further with the case in accordance with law.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 29.5.2019 S Rawat