The court permitted the applicant to file a discharge application in the trial court within one month. No coercive measures were to be taken until the discharge application was decided.
Permission to file discharge application in trial court; stay of coercive measures pending decision.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 24161 of 2019
Applicant :- M/S Navdeep Construction Company And Suppliers Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,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 in Case No. 5254 of 2018 (M/s Trimurti Construction vs. M/s Navdeep Construction) under Section 138 Negotiable Instruments Act, Police Station- Kotwali Orai, District- Jalaun.
Learned counsel for the applicant submits that he has been falsely implicated.
In that view of the matter, he is permitted to move discharge application through counsel before the trial court within one month from today and the trial court shall decide the same within a period of two months from the date of filing of application alongwith certified copy of this order. Applicant shall furnish personal bond as per Section 88 Cr.P.C before the Court below ensuring his presence before the Court for the purpose of consideration of discharge application. In case of failure to appear before the Court after execution of bond proceedings under Section 229-A I.P.C shall be initiated against him.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
With the aforesaid observations, this application is disposed of.
Order Date :- 2.7.2019 Noman
1 issue framed by the court
Whether to quash proceedings under Section 138 NI Act on grounds of false implication.
4 provisions across 3 enactments
M/s Navdeep Construction Company And Suppliers
State Of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
