Court No. - 38
Case :- APPLICATION U/S 482 No. - 22191 of 2019 Applicant :- Yusuf Opposite Party :- State Of Up And Another Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings including the recoery warrant dated 12.4.2019 passed by learned N. I. Act Court, Muzaffar Nagar and proceeding of Complaint Case No. 3198 of 2017, under Section 138 N.I. Act, Police Station Civil Line, District Muzaffar Nagar, pending in the court of learned N.I. Act Court, Muzaffar Nagar.
Learned counsel for the applicants submits that earlier in the present case, parties have entered into compromise with condition that the applicant shall pay Rs. 1,25,000/- after every 45 days, but he could not pay the said money due to unavoidable circumstances, therefore, recovery warrant dated 12.4.2019 has been issued against the applicant.
I have perused the compromise affidavit as well as documents annexed alongwith this application and found no illegality in the order dated 12.4.2019 passed by learned N.I. Act Court, Muzaffar Nagar as there is no dispute regarding the fact that the applicant could not fullfill the aforesaid condition of the compromise. The application lacks merit and is accordingly dismissed.
Order Date :- 4.6.2019 Rmk.