Partly allowed

Pankaj Kumar v. State of U.P. and Another

Allahabad HC2 Feb 2021A482/2101/2021

Case brief

AI extract

What is this about?

The applicant sought to quash Section 482 proceedings regarding a cheque dishonour case. The court refused the quashing prayer as grounds were insufficient. Instead, the court granted a conditional stay on coercive action for 30 days if the applicant appears and applies for bail from the court below.

What did the court decide?

Quashing prayer refused; conditional stay on coercive action for 30 days in consideration of alternative prayer for bail disposal.

Pankaj Kumar 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. - 2101 of 2021

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Applicant :- Pankaj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam 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, 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 to quash the entire proceedings of Complaint Case No.14029 of 2020 , under Section 138 N.I. Act, P.S. Fatehpur, District Saharanpur pending in the Court of the Additional Judge, Saharanpur as well order dated 03.12.2020.

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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, 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 him. The only prayer made by learned counsel for the applicant is for expeditious disposal of his bail application.

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Considering the aforesaid alternative prayer made by learned counsel for the applicants, 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 him.

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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 :- 2.2.2021 Asha

Pankaj Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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