Court No. - 33
Case :- APPLICATION U/S 482 No. - 38249 of 2018 Applicant :- Rama Shanker Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bikash Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; learned AGA for the State and perused the record.
The instant application has been filed for quashing of the proceeding of complaint case no.2740 of 2016, under section 138 of Negotiable Instruments Act, pending in the Court of Special Judge N.I. Act/Additional Chief Judicial Magistrate, Court No.10, Allahabad. The applicant has also prayed for quashing of non-bailable warrant that has been issued on account of non appearance of the applicant in the proceeding.
Learned counsel for the applicant has not pressed the application on merits but has claimed that the applicant is prepared to make deposit of the amount of cheque and therefore the proceeding be quashed. It has also been stated that the summons have not been duly served upon the applicant, therefore non-bailable warrant be put in abeyance.
In so far as the offer to settle the dispute is concerned, that can be made before the trial Court after putting in appearance in the proceeding and therefore this Court leaves that option to be exercised before the court below. In so far as issuance of non-bailable warrant is concerned, from a perusal of the order-sheet it appears that accused (applicant) had been summoned two years back and he had remained absent from the proceeding therefore issuance of non-bailable warrant cannot be faulted. However, in the ends of justice, it is directed that the non- bailable warrant issued against the applicant shall remain in abeyance for a period of three weeks from today provided the applicant surrender before the court concerned within the said period. In case the applicant does not surrender within the said period, non-bailable warrant shall be executed.
With the aforesaid observation/direction, the application is
disposed off.
Order Date :- 27.10.2018. Rks.