Court No. - 72
Case :- APPLICATION U/S 482 No. - 35952 of 2019 Applicant :- Rajesh Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gopal Krishna Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 19.05.2017 and the non-bailable warrant dated 16.07.2018 as well as the entire proceedings of Complaint Case No. 1365 of 2016 (Rajendra Singh Vs. Rajesh Chauhan), under Section- 138 of N.I. Act, Police Station- Dadri, District- Gautam Budh Nagar, pending in the court of Presiding Officer, Additional Court No.1, Gautam Budh Nagar.
Learned counsel for the applicant has made a statement at bar that his client shall appear within three weeks from today along with proper application, thus, the proceedings of the case may be stayed.
Prayer for quashing the summoning order dated as well as the non-bailable warrant issued against the applicant is refused.
However, considering the facts and circumstances, it is provided that the applicant appears before the court concerned within three weeks from today with an application for recall of the non-bailable warrant. In case, such application is filed, the concerned Magistrate shall decide the same in accordance with law. For the period of three weeks from today, no coercive action shall be taken against the applicant. In case, the applicant fails to appear before the court concerned within three weeks from today, coercive action shall be taken against him for ensuring his presence in accordance with law.
With the above directions, this application is disposed of finally.
Order Date :- 26.9.2019 Noman