Partly allowed

M/S Agro Tech India Proprietor Ashok Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC14 Aug 2024/6957/2024

Case brief

AI extract

What is this about?

The High Court set aside the part of the impugned order dated 08.08.2023 directing proceedings under Section 82/83 Cr.P.C., noting inconsistency in simultaneous issuance of such proceedings and non-bailable warrant, and directing the applicant to appear on 27.08.2024.

What did the court decide?

Part of the order dated 08.08.2023 regarding proceedings under Section 82/83 Cr.P.C. is set aside.

M/S Agro Tech India Proprietor Ashok Kumar Srivastava Vs… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 11 Case :- APPLICATION U/S 482 No. - 6957 of 2024 Applicant :- M/S Agro Tech India Proprietor Ashok Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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Heard Shri Hari Narayan Singh, learned counsel for the applicant and learned A.G.A. for the respondent no. 1.

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The instant application under Section 482 Cr.P.C. (now 528 BNSS) has been filed challenging the order dated 08.08.2023 passed by learned Special Judge, N.I. Act, Lucknow in Case No. 58 of 2017 under Section 138 N.I. Act, Police Station Ashiyana, District Lucknow.

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The argument of learned counsel for the applicant is that learned court below vide order impugned dated 08.08.2023 has passed an order for proceeding under Section 82/83 Cr.P.C. and also issued a non-bailable warrant.

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The contention is that both the things could not have been done simultaneously and thus it is prayed that the order impugned be set aside.

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Considering the conduct of the applicant in not appearing before learned court concerned which may amount to abuse of process of law and at the same time also considering that both non-bailable warrant and proceeding under Section 82/83 Cr.P.C. have been directed simultaneously and on the statement given by learned counsel for the applicant of the applicant to appear before learned court concerned on 27.08.2024 as such part of the order dated 08.08.2023 so far as it pertains to the proceedings being initiated under Section 82/83 is set aside.

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Needless to mention that in case the applicant fails to appear before the court concerned i.e. the date fixed 27.08.2024 then it would be open for the court concerned to proceed against the applicant in accordance with law.

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Order Date :- 14.8.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

M/S Agro Tech India Proprietor Ashok Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

M/S Agro Tech India Proprietor Ashok Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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