Court No. - 12
Case :- APPLICATION U/S 482 No. - 19441 of 2018
Applicant :- Umesh Gupta
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Randhir Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This application has been filed challenging the order dated 27.11.2014 passed by the Judicial Magistrate, Bijnor in Criminal Complaint Case No. 400 of 2017 (Rakesh Goyel Vs. Umesh Gupta), under Sections 138 of N.I. Act, Police Station Nazibabad, District Bijnor, whereby the applicant has been summoned. The applicant has disputed his liability on the ground that he has already paid the amount claimed in the cheque but since he cannot have any opportunity to file objection as per law, the summoning order is causing prejudice to his right.
This application is disposed of directing the applicant to appear before the court below through counsel and file his objection to the complaint, which shall be decided within a period of one month and in case, the proceedings of the complaint are found to be genuine by the learned Magistrate, the applicant shall apply for bail. In case he applies for bail, the aforesaid application of the applicant is finally disposed of with a direction that if the applicant appears and surrenders before the Courts below within a period of one month from today and apply for bail, then his bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR- 290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
Till the disposal of the objection of the applicant, non- bailable warrant issued against the applicant by the learned Magistrate shall remain stayed.
Order Date :- 30.5.2018 Ruchi Agrahari