Application to quash summons in a Sec. 138 cheque bounce case disposed of by keeping Non-Bailable Warrant in abeyance for two weeks pending bail application.
Non-bailable warrant kept in abeyance for two weeks
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 22357 of 2022
Applicant :- Salman Qadeer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Aadil Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Ali Bin Saif, learned counsel for the applicant, learned AGA for the State and perused the record.
The instant application has been filed on behalf of the applicant with a prayer to quash the summoning order dated 23.5.2022 passed by the 1st Additional Chief Judicial Magistrate, Bulandshahar as well as entire proceeding of Complaint Case No. 1019 of 2020 (State vs. Haji Noor Mohammad) under Section 138 of Negotiable Instrument Act, Police Station Kotwali, District Bulandshahar, pending in the court of 1st Additional Chief Judicial Magistrate, Bulandshahar.
Learned counsel for the applicant fairly submits that the first summoning order is not on record. Therefore, he prays that NBW issued against the applicant be kept in abeyance for a period of two weeks so that applicant will appear before the court concerned.
Considering the above submissions, without interfering with the summoning order, this application is disposed of in case applicant appears before the court concere within a period of two weeks and file bail application, the same shall be considered in accordance with law in the light of judgement passed by the Supreme Court in case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773. For the two weeks from today the NBW is kept in abeyance.
Accordingly, the application u/s 482 Cr.P.c. is disposed of.
Order Date :- 23.11.2022 Puspendra
(Serial No. 16 out of 248 fresh cases)
Digitally signed by PUSPENDRA NARAYAN SINGH Date: 2022.11.24 17:30:22 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil vs. Central Bureau of Investigation and anotherExplained¶8
(2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Salman Qadeer
State of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
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