Shweta v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 32425 of 2023 Applicant :- Shweta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding as well as impugned summoning order dated 04.03.2022 and its consequential Non-Bailable Warrant dated 06.04.2023 passed by learned Chief Judicial Magistrate, Chandauli in Criminal Complaint Case No. 5277 of 2020 (Jagdish Kumar Vs. Shweta), under Section 138 of Negotiable Instrument Act, pending in the court of learned Chief Judicial Magistrate, Chandauli.

¶3From the record, it transpires that on account of the failure of the applicant to appear before the court below, non bailable warrant has been issued against the applicant by the court below vide order dated 06.04.2023.

¶4Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant to appear before the court below.

¶5Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks and move an application for recall of the non bailable warrant, the same be considered and disposed of expeditiously in accordance with law.

¶6For a period of three weeks, the execution of non bailable warrant issued against the applicant shall remain stayed.

¶7In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.

¶8With the aforesaid direction, the application is finally disposed of. Order Date :- 9.11.2023 Sunil Kr. Gupta High Court of Judicature at Allahabad