Shri Devendra Bhardwarj and Another Vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2023)

Shri Devendra Bhardwarj and Another Vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Main quashing relief refused. As alternative relief: applicant to surrender before the court below within three weeks; bail application, if filed, to be disposed of expeditiously in accordance with law and in view of the guidelines in Satender Kumar Antil v. CBI (2021 SCC Online SC 922); NBW dated 11.07.2022 kept in abeyance for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the summoning order dated 21.08.2018, the non-bailable warrant dated 11.07.2022 and the proceedings of Complaint Case No.5349 of 2017 under Section 138 N.I. Act are liable to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The relief sought in the application, namely quashing of the summoning order, the non-bailable warrant and the complaint proceedings, is refused.

Ratio / Principle

The applicant is directed to surrender before the concerned court below within three weeks from the date of the order.

Key takeaways

If the applicant applies for bail, the bail application shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation.ratio¶¶11
The non-bailable warrant dated 11.07.2022 shall be kept in abeyance for three weeks from the date of the order or till the surrender of the applicants before the concerned court below, whichever is earlier.ratio¶¶12

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. seeking quashing of the summoning order dated 21.08.2018, non-bailable warrant dated 11.07.2022 and proceedings of Complaint Case No.5349 of 2017 (Ranjeet Singh Vs. Devendra Bhardwarj and others) under Section 138 N.I. Act, P.S. Hariparwat Nagar, District Agra, pending before the Civil Judge (Junior Division) court no. 8, Agra. Counsel for the applicants gave up the challenge to the NBW and criminal proceedings and confined the prayer to protection for surrender and expeditious disposal of bail. Held: (i) the quashing relief is refused; (ii) the applicant shall surrender before the court below within three weeks; (iii) on surrender, the bail application shall be disposed of expeditiously in accordance with law keeping in view the Apex Court guidelines in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC Online SC 922; (iv) the NBW dated 11.07.2022 shall be kept in abeyance for three weeks or till surrender, whichever is earlier. Application disposed of. (Deepak Verma, J.; Order Date 23.8.2023.)

Court No. - 89

Case :- APPLICATION U/S 482 No. - 30798 of 2023

Applicant :- Shri Devendra Bhardwarj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 21.08.2018; N.B.W. dated 11.07.2022 issued against the applicant and proceedings of Complaint Case No.5349 of 2017 (Ranjeet Singh Vs. Devendra Bhardwarj and others), under Section 138 N.I. Act, P.S. Hariparwat Nagar, District Agra, pending before the Civil Judge (Junior Division) court no. 8, Agra.

At the outset learned counsel for the applicant gave up his challenge to the aforesaid Non-bailable warrant and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicants is not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

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

However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by

the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

For the period of three weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant dated 11.07.2022 shall be kept in abeyance.

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

Order Date :- 23.8.2023 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad