Court No. - 64
Case :- APPLICATION U/S 482 No. - 21524 of 2019 Applicant :- Vinod Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Awdhesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought for quashment of the non-bailable warrant dated 21.07.2016, passed by court of 138 N.I. Act, Muzaffar Nagar in Complaint Case No. 1352/9 of 2017, under Section 138 N.I. Act, Police Station Khatauli, District Muzaffar Nagar (Gulsan Bhatiya vs. Vinod Kumar), pending before 138 N.I. Court, Muzaffar Nagar.
Learned counsel for the applicant has submitted that during course of the trial, the applicant was suffering from illness, due to which he could not appear before the court concerned. In the meanwhile, non-bailable warrant has been issued against him. The applicant promises that he will appear and participate in the proceeding before the court below, if the one last opportunity is given to him.
Learned A.G.A. has no objection provided the applicant appears before the court below.
Considered the submissions and perused the impugned order. I do not find any illegality in the order impugned in the instant application.
However, taking into consideration facts and circumstances of the case, it is provided in the fitness of things that in case the applicant moves an application for recall/bail before the court concerned within two weeks from today, the same shall be considered and disposed by the court below, expeditiously, if convenient, on the same day after affording an opportunity of hearing to both the sides.
For a period of two weeks from today, no coercive action shall be taken against the applicant and effect and operation of the non-bailable warrant in question shall be kept in abeyance.
If the applicant does not appear before the court concerned within the stipulated period, the court below shall proceed further with the case in accordance with law.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 29.5.2019 S Rawat