Partly allowed

M/S Rohtas Project Ltd. v. State of U.P. and another

Allahabad HC12 Nov 2018A482/28146/2018

Case brief

AI extract

What is this about?

The applicant sought quashing of a non-bailable warrant issued under Section 138 of the Negotiable Instruments Act. The High Court refused the prayer, stating the proceeding is based on disputed facts not for judicial determination, but granted a 45-day stay on coercive action if the applicant applies for bail or surrenders.

What did the court decide?

Prayer for quashing refused. Leave granted to apply for recall of warrant or bail within 45 days; no coercive action in meantime.

M/S Rohtas Project Ltd. Vs State of U.P. and another — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 55

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Case :- APPLICATION U/S 482 No. - 28146 of 2018

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Applicant :- M/S Rohtas Project Ltd. Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Girish Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Girish Chandra Yadav, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I.

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The present 482 Cr.P.C. petition has been filed for quashing the non-bailable-warrant order dated 7.3.2018 as well as the order dated 2.11.2017 passed by Presiding Officer Extra Court (N.I. Act) 1st Allahabad in Complaint Case No.3264 of 2016 (converted in complaint case No.944 of 2016), under Sections 138 N.I. Act, Police Station Colonelganj, District Allahabad.

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The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.

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The prayer for quashing the order impugned is refused.

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However, it is provided that if the applicant files an application for recalling of the nonbailable-warrant issued against him within 45 days from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail may be considered and decided in view of the settled law laid by 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 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this application is finally disposed off.

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Order Date :- 12.11.2018 Dev/-

M/S Rohtas Project Ltd. v. State of U.P. and another

Case brief

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M/S Rohtas Project Ltd. v. State of U.P. and another

Case brief

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