Dismissed

Kumud Singh v. State of U.P. and Another

Allahabad HC8 Feb 2021A482/1232/2021

Case brief

AI extract

What is this about?

The Single Judge quashed the principal prayer to quash a cheque dishonour case under Section 482 Cr.P.C. due to lack of sufficient grounds but allowed an alternative prayer for expeditious bail disposal, providing a 30-day window for the applicant to appear and surrender.

What did the court decide?

The applicant was given 30 days to appear and surrender for bail; no coercive action during this period if complied with. The application to quash was refused.

Kumud Singh Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 1232 of 2021

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Applicant :- Kumud Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Vats,Bhupesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State/opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash Complaint Case No. 2125 of 2017 (Amit v. Kumud Singh), under Sections 138, 141 of the Negotiable Instruments Act, Police Station Kotwali Dehat, Bulandshahar pending in the Court of the Additional Chief Judicial Magistrate, Court No.1, Bulandshahar as well as the summoning order dated 14.03.2018 passed in the said case.

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Learned counsel for the applicant, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.

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In view of the above, the relief as sought in the instant application is refused.

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At this stage, learned counsel for the applicant makes a submission that the applicant is ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon her. The only prayer made by learned counsel for the applicant is for expeditious disposal of her bail application.

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Considering the aforesaid alternative prayer made by learned counsel for the applicant, it is provided that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, the bail application of the applicant shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.

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For a period of 30 days from today or till appearance of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against the applicant.

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However, in case the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against her.

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It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.

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

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Order Date :- 8.2.2021 SKT/-

Kumud Singh v. State of U.P. and Another

Case brief

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Kumud Singh v. State of U.P. and Another

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