Court No. - 48
Case :- APPLICATION U/S 482 No. - 2460 of 2019 Applicant :- Tripathi Enterprises Through Its Proprietor Opposite Party :- State Of Up And Another Counsel for Applicant :- Manish Kumar Pandey,Devi Prasad Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the non bailable warrant dated 27.6.2017 as well as order dated 19.2.2018 issuing process u/s 82 Cr.P.C. passed by Addl. Chief Metropolitan Magistrate-VII, Kanpur Nagar in complaint case no. 1806 of 2013 under Section 138 Negotiable Instrument Act, P.W. Swaroop Nagar, District Kanpur Nagar. Further prayer has been made to stay the effect and operation of the aforesaid orders.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned A.G.A. appearing for the State opposed the prayer.
Non-bailable warrant and process u/s 82 Cr.P.C. were issued when the applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant and process is within the jurisdiction of the court concerned.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the court below within 30 days from today and apply for bail, which shall be considered and decided in view of the settled law. For a period of 30 days from today, effect and operation of non-bailable warrant as well as process issued against the applicant shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 21.1.2019 / ss