Shailendra Agrawal and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40910 of 2023 Applicant :- Shailendra Agrawal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Bhushan Paul,Saurabh Paul Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the N.B.W. order dated 28.09.2021 passed in complaint Case No. 5988 of 2017 (Raju Modi Vs. Shailendra Agarwal), under section 138 of N.I. Act, Police Station Hari Parwat, District Agra.

¶3From perusal of the record, it transpires that on account of failure of the applicants to appear before the court below, N.B.Ws. has been issued against the applicants vide impugned order dated 28.09.2021.

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

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

¶6For a period of three weeks from today, the execution of non-bailable warrant issued against the applicants 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 applicants in accordance with law.

¶8With the aforesaid direction, this application under Section 482 CrPC is finally disposed of. Order Date :- 24.11.2023 RPD High Court of Judicature at Allahabad