In an application under Section 482 Cr.P.C., the court refused to quash proceedings for cheque dishonour but granted a 15-day stay on non-bailable warrants, directing the applicants to seek bail before the lower court.
Stay on operate of non-bailable warrant for 15 days; direction to seek bail in lower court within that period.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 21057 of 2019
Applicant :- Vipin Kumar Gupta And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Alok Tripathi,Suresh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of the impugned summoning order dated 02.12.2015, under Section 138 N.I. Act, P.S. Civil Lines, District Meerut, passed by Additional Chief Judicial Magistrate, Court No.1, Meerut along with N.B.W. dated 07.03.2019 in case no. 5900/9 of 2015, Dharmendra vs. Vipin and another.
Learned counsel for the applicants has submitted that during course of the trial, the proceeding about the case had not been in the knowledge of the applicants, due to which they could not appear before the court concerned. In the meanwhile, non-bailable warrant has been issued against them. The applicants promise that they will appear and participate in the proceeding before the court below if the one last opportunity is given to them.
Learned A.G.A. has no objection provided the applicants appear 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 applicants moves an application for recall/bail before the court concerned within 15 days 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 15 days from today, no coercive action shall be taken against the applicants and effect and operation of the non-bailable warrant in question shall be kept in abeyance.
If the applicants do 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 :- 28.5.2019 S Rawat
2 issues framed by the court
Whether the High Court should quash the proceedings in the cheque dishonour case under Section 482 Cr.P.C.
Whether an interim stay on non-bailable warrants can be granted for the applicants to appear in lower court.
2 provisions across 2 enactments
Vipin Kumar Gupta And Another
Arvind Kumar Mishra-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
