Court No. - 55
Case :- APPLICATION U/S 482 No. - 38250 of 2018 Applicant :- Ravi Bhushan Shivhare @ Ravi Bhushan Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the criminal proceeding of case no. 4661 of 2011 (Devendra Nath Pandya Vs. Ravi Bhushan) under Section 138 of N.I. Act, P.S. Hariparvat, Agra alongwith NBW order dated 21.4.2017 pending before the court of Judicial Magistrate, Court No. 1, Agra.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents in support of his contention. Lastly the counsel for the applicant submitted that the applicant undertakes to appear before the court below on or before 18.12.2018 and prayed that till then the non-bailable warrant order issued against the applicant may be kept in abeyance.
Considering the facts and circumstances of the case, I do not find any ground to quash the non-bailable warrant dated 21.4.2017 passed in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the applicant appears and moves an application before the court below on or before 18.12.2018, the said application of the applicant shall be considered and decided, expeditiously, preferably on the same day, in accordance with law. The N.B.W. order dated 21.4.2017 passed by Judicial Magistrate, Court No. 1, Agra, shall be kept in abeyance till 18.12.2018.
It is also made clear that if the applicant fails to appear before the court within the time provided for, this order shall automatically stand vacated.
Accordingly, application is disposed of.
Order Date :- 29.11.2018 Shekhar [Chandra Dhari Singh, J.]