Court No. - 86
Case :- APPLICATION U/S 482 No. - 4797 of 2021 Applicant :- Santosh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Pandey,Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for applicant as well as learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No.9124 of 2020 under Section 138 N.I. Act, Police Station- Kotwali Nagar, District- Saharanpur as well as order dated 5.9.2020 passed by Additional Judge, Saharanpur. Further proceedings of the aforesaid case are also prayed to be stayed.
Learned counsel for the applicant submits that the parties are willing to compromise the matter therefore the applicant may be granted some time to conclude the proceedings of compromise.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie case is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.
In view of above, the prayer for quashing the entire proceeding is hereby refused.
However, it is provided that if the applicant appears and surrenders before the Court below within a period of 30 days from today and apply for bail, his prayer for bail may be considered and decided, expeditiously in accordance with law.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, then interim protection given by this Court will stand discharged and the law will take its own course.
It is made clear that no further time shall be allowed to the applicant for surrender before the court concerned.
With the aforesaid directions, this application is disposed of.
Order Date :- 20.9.2021 S.Verma