Court No. - 75
Case :- APPLICATION U/S 482 No. - 46596 of 2019 Applicant :- Sunil Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 13.11.2019 in Complaint Case No. 3599 of 2014 (Old Case No. 1234 of 2010) (Jagdamba Saree Vs. Sunil Textile), under Section 138 of N.I. Act, Police Station New Agra, District Agra.
From the record, it transpires that on account of failure of the applicant to appear before the court below, non-bailable warrant has been issued against him by the court below vide order dated 13.11.2019.
Learned counsel for the applicant has submitted that the interest of justice shall be served, provided some protection is granted by this Court to enable the applicant to appear before the court below.
Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within 21 days from today and move an application for recall of non-bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
For a period of 21 days from today, the execution of non- bailable warrant issued against the applicant shall remain stayed.
In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.
With the aforesaid direction, this application under Section 482 CrPC is finally disposed of.
Order Date :- 17.12.2019 Nadim