Court No. - 44
Case :- APPLICATION U/S 482 No. - 18677 of 2018 Applicant :- Rajendra Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashok Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashok Kumar Upadhyay, learned counsel for the applicant, the learned A.G.A. for the State, and Mr. Sumit Daga, Advocate, who has appeared on behalf of opposite party no.2, and has filed his vakalatnama today in court, which is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the orders dated 14.11.2017, 26.2.2018 and 16.4.2018 passed by the Additional Judge (138 N.I. Act) Muzaffarnagar in Complaint Case No. 688/9 of 2016 (Jagdish Kumar Vs. Rajendra Singh) under Section 138 N.I. Act, P.S. Nai Mandi, District Muzaffarnagar.
From the record the court finds that in respect of the disputed cheque dated 15.9.2006, the opposite party no.2 filed the above mentioned complaint case. The present applicant was summoned by the court below in the aforesaid complaint case vide summoning order dated 24.7.2007. Thus from the aforesaid, it is clear that the above mentioned complaint case has been pending from the last more than 11 years.
Learned counsel for the applicant invited the attention of the court to the order sheet of the above mentioned complaint case, and on the basis thereof, he submits that in spite of the presence of the applicant in the court below, the applicant has been shown to be absent. Consequently, non bailable warrants have been issued against the applicant. Learned counsel for the applicant next invited the attention of the court to the application dated 14.5.2018 filed by the applicant before the court below, wherein a categorical averment has been made that in spite of the fact that the applicant is present in the court on almost all dates, yet non bailable warrant has been issued against the applicant. Elaborating his submissions, learned counsel for the applicant invited the attention of the court to the order sheet of the above mentioned complaint case at pages 46, 47 and 48 of the paper book to show that applicant was actually present on the date fixed in the above mentioned complaint case before the court below as the signatures of the applicant are present on the order sheet on the requisite dates.
Mr. Sumit Daga, Advocate, who has appeared on behalf of opposite party no.2 submits that the complaint case has been pending since the year 2007 i.e. for last more than 11 years, even when there is a clear mandate under the Negotiable Instruments Act that the complaint under section 138 of the aforesaid Act should be decided within a period of six months. He further submits that on account of non cooperation of the present applicant, even the evidence has not yet been recorded. He, therefore, submits that no case for grant of indulgence by this court has been made out.
Considering the rival submissions, it is hereby provided that the execution of non bailable warrant issued against the applicant, shall be kept in abeyance till 20.6.2018. The District and Sessions Judge, Muzaffarnagar, to whom the applicant has sent the application dated 15.5.2018, praying for the transfer of the above mentioned complaint case to any other court on account of prejudice with the presiding officer, shall be considered by the District and Sessions Judge, Muzaffarnagar on or before 20.6.2018. The applicant shall appear before the court below on or before 20.6.2018. In case, the applicant appears before the court below on or before 20.6.2018, the court below shall sympathetically consider his bail application, particularly, in the light of the observations made by this court in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
Looking into the facts of the case, particularly the fact that case has remained pending for the last 11 years, the court below is further directed to decide the above mentioned complaint case with all expedition, without granting any unnecessary adjournment to either of the parties and by fixing short dates, within a period of six months from the date of production of certified copy of this order.
In case of default, the interim protection granted by means of this order, shall stand automatically revoked.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 28.5.2018 Arshad