Disposed

Bhanu Gupta v. State of U.P.and Another

Allahabad HC7 May 2019A482/18228/2019

Case brief

AI extract

What is this about?

Special Judge's order under Section 138 NI Act resulted in non-bailable warrant. Applicant disclaimed guilty pleaded non-appearance. Court found no ground to quash warrant but kept it in abeyance for 3 weeks if undertaking to cooperate is given.

What did the court decide?

Effect and operation of non-bailable warrant kept in abeyance for three weeks subject to undertaking to cooperate.

Bhanu Gupta Vs State of U.P.and Another — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 18228 of 2019

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Applicant :- Bhanu Gupta Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the orders dated 3.1.2019 and 8.3.2019 passed by the Special Judge, N.I. Act Ist, Allahabad issuing the Bailable warrant and non-bailable warrant against the applicant in Case No. 65904 of 2016, under Section 138 N.I. Act, P.S. Kotwali, District Allahabad (Subodh @ Vaishya vs. Bhanu Gupta).

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Upon consideration of the various aspects of this case, it is obvious that the challenge has been made to the institution of proceeding under Section 138 of the N.I. Act and thereafter notice/summons was issued to the applicant to put in appearance. However, the applicant could not put in his appearance before the court below, therefore, non-bailable warrant was issued on 8.3.2019 against the applicant. Now, the applicant wants to participate in the proceeding and is ready to cooperate with the case.

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Also heard the learned A.G.A.

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After considering the submission of the parties and entirety of the case, obviously no good ground is made out for interfering with the issuance of the non bailable warrant. Whatever case the applicant has, he can set up the same before the court below and in case any unconditional undertaking is given that the applicant is ready to participate in the proceeding and will cooperate in the same, his case can be considered sympathetically by the court below.

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For a period of three 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.

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It is made clear that in the even no such application is moved within the time prescribed above, this order will be of no avail to the applicants.

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With the aforesaid directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 7.5.2019

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S Rawat

Bhanu Gupta v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Bhanu Gupta v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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