Court No. - 72
Case :- APPLICATION U/S 482 No. - 32441 of 2019 Applicant :- Ram Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kaushik 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 13.7.2017 and bailable warrant passed by the Special Judge in Complaint Case No. 2538 of 2017 (Vivek Saini Vs. Ram Kumar), under Section- 138 of N.I.Act, Police Station- Nai Mandi, District- Muzaffar Nagar, pending in the court below. Further prayer has been made for staying the further proceedings of the aforesaid case.
It reflects from the record that in a proceedings pursuant to the summoning order dated 13.7.2017, the applicant appeared before the trial court and was granted bail. Subsequently, he failed to appear before the court below, accordingly, Non- Bailable Warrant dated 10.7.2019 was issued against the applicant.
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 non-bailable warrant is 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-balaiable 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 applicants. In case, the applicants fail 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 :- 26.8.2019 Noman