Application under Section 482 Cr.P.C. filed to quash lower court orders. Court refused principal prayers but allowed a one-week moratorium to recall N.B.W. order conditionally. Application finally disposed without final disposal of underlying proceedings.
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Court No. - 79 Case :- APPLICATION U/S 482 No. - 2373 of 2021 Applicant :- Sandesh Khard @ Sandesh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 06.02.2017 passed by the Additional Chief Judicial Magistrate, Jhansi and the order dated 05.01.2021 passed by the Presiding Officer, Additional Court, Jhansi in Complaint Case No. 1327 of 2016 (Mahesh Chandra v. Sandeep Khard), under Section 138 of the Negotiable Instruments Act, 1881, Police Station Navabad, District Jhansi as well as entire proceeding of the said Complaint Case No. 1327 of 2016, pending in the Court of the Presiding Officer, Additional Court, Jhansi.
At the very outset learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers seeking quashing of the proceedings as well as the summoning order and the order issuing non-bailable warrants, as have been made in the application.
In view of the submissions made by the learned counsel for the applicant, the prayer, insofar as it relates to seeking quashing of the proceedings as well as summoning order and order issuing non-bailable warrant, stands refused.
However, looking to the facts and circumstances of the case it is provided that if the applicant files an application for recall of the order issuing non-bailable warrants issued against him within a period of one week from today, the said application shall be considered and disposed of in accordance with law expeditiously within one week thereafter. For a period of one week from today, no coercive action shall be taken against the applicant. However, in case the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this application is finally disposed of.
Order Date :- 9.2.2021 SKT/-
1 provisions across 1 enactments
Sandesh Khard @ Sandesh Chandra
State of U.P.
Vivek Varma
As recorded by the court registry
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