Court No. - 64
Case :- APPLICATION U/S 482 No. - 16972 of 2019 Applicant :- Prince Arpit Kandulna Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nihar Ranjan Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for a direction to quash the entire proceedings as well as the order dated 1.4.2019 passed by the court of Presiding Officer/Additional Court, Jhansi in Complaint Case No. 3430 of 2016 under section 138 N.I.Act P.S. Navabad district Jhansi by which of which bailable warrant has been issued against the applicant.
At the outset learned counsel for the applicant brought before this court various aspect of the proceedings of this case. However, during the course of argument, he resiled and confined himself to the payment of the amount involved in the proceedings to the tune of Rs. 4,50,000/-. He again submits that if some reasonable time is given to him he will pay back the entire amount.
Considering to the facts and circumstances of the case since a sincere desire has been expressed to pay the entire amount i.e. ( Rs. 4.50,000/-) within a period of three months from today, it is directed that the applicant will pay the entire amount of Rs. 4,50,000/- to O.P. No. 2 either through the demand draft of concerned amount to O.P. No. 2 within a period of three months from today failing which the courts below shall proceed against him in accordance with law.
For a period of three months operation of the Non Bailable Warrant issued against him shall be kept in abeyance. After the completion of three months, if the amount is paid, an order shall be passed closing the proceedings unless otherwise directed by this court.
The applicant shall make an application before the court below to this effect within three weeks from today and the courts below shall passed appropriate order thereon.
Order Date :- 29.4.2019 N.A.