Disposed

Nandkishore Trambaklal Dave and Another v. State of U.P. and Another

Allahabad HC5 Oct 2023A482/31837/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. filed to quash non-bailable warrants issued against absent applicants. The Court directed that if the applicants appear and apply for recall within three weeks, the matter shall be decided expeditiously, and no coercive action shall be taken during this period.

What did the court decide?

No coercive action against applicants for three weeks or until appearance, and direction to consider recall application expeditiously.

Nandkishore Trambaklal Dave and Another Vs State of U.P… — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191740

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 31837 of 2023

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Applicant :- Nandkishore Trambaklal Dave And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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This application under Section 482 Cr.P.C. has been filed by the applicants against the order dated 4.7.2023, passed by the learned Additional Chief Judicial Magistrate, Meerut in Complaint Case No. 8613 of 2020 (M/s Khodiyar Industries Vs. M/s Vikram Farm Services and others), under Section 138 Negotiable Instrument Act, Police Station Transport Nagar, District Meerut, whereby, non bailable warrants have been issued against the applicants.

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Heard learned counsel for the applicants and learned A.G.A. for State and perused the record.

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Perusal of record shows that the opposite party no. 2 has filed the above stated Complaint Case against the applicants and the applicants were summoned by the Trial Court vide order dated 20.1.2017. It appears that on 4.7.2023, applicants were absent before the Trial Court and thus Non-Bailable Warrants were issued against them.

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Learned counsel for applicants submits that both the applicants are residents of Gujarat State and due to certain contingency, they could not appear before the Trial Court. It was stated that without issuing any summons or Bailable Warrant, the Trial Court directly issued Non-Bailalbe Warrants against applicants vide order dated 4.7.2023. It is further submitted that the applicants are willing to appear before the Trial Court and some interim protection may be granted.

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Learned A.G.A. submits that appropriate order be passed considering the fact of the matter.

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In view of aforesaid, this application under Section 482 Cr.P.c. is disposed of with direction that in case applicants appear before the Trial Court within a period of three weeks from today and apply for cancellation/recall of Non-Bailalbe Warrants, their applications shall be considered and decided expeditiously in accordance with law.

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It is further directed that for a period of three weeks from today or till the applicants appear before the Trial Court, whichever is earlier, no coercive action shall be taken against applicants.

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With the aforesaid direction, the application u/s 482 Cr.P.C. is disposed of.

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Order Date :- 5.10.2023 Aiman

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Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad

Nandkishore Trambaklal Dave and Another v. State of U.P. and Another

Case brief

What is this about?

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Nandkishore Trambaklal Dave and Another v. State of U.P. and Another

Case brief

What is this about?

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