Dismissed

Manoj Kumar Chaudhary v. State of U.P. and Another

Allahabad HC23 Feb 2023A482/5920/2023

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. filed to quash proceedings under Section 138 NI Act. The applicant withdrew the application. The court granted a 15-day moratorium on coercive action pending a bail application.

What did the court decide?

Application dismissed as withdrawn; liberty to file bail application granted; 15-day moratorium on coercive action directed.

Manoj Kumar Chaudhary Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 5920 of 2023

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Applicant :- Manoj Kumar Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ran Jeet Singh,Chandra Jeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by applicant for quashing the order dated 04.01.2023 passed by Additional Civil Judge (J.D.) Court No.4 Jhansi and order dated 03.12.2020 passed by learned Judicial Magistrate Court No.2 Jhansi in Complaint Case No. 2867 of 2019 (Ravi Kumar Vs. Manoj Kumar) under Section 138 of Negotiable Instrument Act, P.S.- Chirgaon, District- Jhansi, pending in the court of learned Additional Civil Judge (J.D.) Court No.4 Jhansi and further to stay the entire proceeding of aforesaid complaint case.

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After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

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Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.

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The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

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Order Date :- 23.2.2023 Sumit Kumar

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Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad

Manoj Kumar Chaudhary v. State of U.P. and Another

Case brief

What is this about?

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Manoj Kumar Chaudhary v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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