Pradeep Sharma vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:103217

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 22332 of 2025

Applicant :- Pradeep Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Pradeep Kumar Srivastava, learned counsel for the applicant as well as Sri Pankaj Kumar Rai, learned State Law Officer/AGA for the State/opposite party no.1.

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This application under Section 528 of the BNSS has been filed by the applicant to quash the Non-bailable Warrant (N.B.W.) dated 25.04.2024 passed in Complaint Case No. 24651 of 2020, (Ashish Kumar Nigam Advocate Vs. Pradeep Sharma) under section 138 of Negotiable Instruments Act, Police StationNaubasta, District-Kanpur Nagar and kindly be pleased to direct the learned trial court to exempt the personal appearance of the applicant and continue the further proceeding of the Complaint Case No. 24651/2020 which is pending in the Court of Additional Civil Judge (J.D.), 4, Kanpur Nagar.

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Learned counsel for the applicant submits that a complaint stood lodged by the opposite party no.2 on 26.11.2020 against the applicant under Section 138 of the N.I. Act with relation to dishonouring of a cheque of an amount of Rs.50,000/- bearing no.000588 followed a statutory demand notice dated 12.10.2020 thereafter the applicant was summoned and now non-bailable warrants have been issued on 25.4.2024.

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Learned counsel for the applicant has invited the attention towards page 41 annexure-3 so as to contend that the applicant suffers from 80% disability.

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The sole prayer so made at this juncture by the learned counsel for the applicant is that the applicant be permitted to file a recall application for recalling of the non bailable warrants and till the recall application is decided no coercive action be taken.

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Learned State Law Officer has no objection to the same.

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Considering the submissions so made across the bar as well as the stand taken by the learned counsel for the applicant and the limited relief so claimed at this juncture the application stand disposed of directing the applicant to submit an appropriate application seeking recall by 25.7.2025 and on the said motion the court below shall decide with most expedition keeping into the claim set up by the applicant that he is physically handicapped.

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Till the disposal of the recall application which is to be decided say within a period of 15 days thereafter no coercive action shall be taken against the applicant of Complaint Case No. 24651 of 2020, (Ashish Kumar Nigam Advocate Vs. Pradeep Sharma) under section 138 of Negotiable Instruments Act, Police StationNaubasta, District-Kanpur Nagar in Case No. 24651/2020 which is pending in the Court of Additional Civil Judge (J.D.), 4, Kanpur Nagar.

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The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

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Order Date :- 3.7.2025 piyush

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

Pradeep Sharma v. State of U.P. and Another

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Pradeep Sharma v. State of U.P. and Another

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