Dhruv Sharma v. State of U.P & Anr.
Case at a glance
Outcome
Disposed of
In view thereof, the instant application is disposed of with a
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Negotiable Instruments Act, 1881 s. 138
- Indian Penal Code, 1860 ss. 328, 376, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 s. 3(2)(V)
Key paragraphs
- Para 55. In view thereof, the instant application is disposed of with a direction to the applicant to surrender before the trial court within a period of two weeks from today along with a certified copy of this order. Thereupon the trial court shall consider and…
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl.No. 26) Court No. - 79 Case :- APPLICATION U/S 482 No. - 23203 of 2024 Applicant :- Dhruv Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Rai, Shashi Bhushan Mishra Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
Heard Sri Raj Kumar Yadav, Advocate holding brief of Sri Pawan Kumar Rai, learned counsel for the applicant and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Complaint Case No. 436 of 2019 (Jitendra Kumar Gupta vs. Dhruv Sharma) under Section 138 of Negotiable Instruments Act, 1881 (in short 'the N.I. Act'), Police Station-Kotwali Mainpuri, District-Mainpuri as well as summoning order dated 04.03.2020 and non-bailable warrant dated 29.02.2024.
Learned counsel for the applicant submits that in the instant complaint case filed by the opposite party no. 2 under Section 138 of the N.I. Act, the applicant was summoned vide order dated 04.03.2020 and he could not appear before the trial court as he was in custody in connection with Case Crime No. 202 of 2019 under Sections 376, 328, 504, 506 I.P.C. and Section 3(2)(V) SC/ST Act, since 13.02.2021 and has been released on bail only on 16.02.2024. Therefore, learned counsel for the applicant submits that the applicant was not in a position to appear before the trial court and there was sufficient cause for the applicant for his continuous non-appearance before the trial court.
Learned counsel for the applicant further submits that the applicant is ready and willing to surrender before the trial court and cooperate with the trial of the case.
Operative part
In view thereof, the instant application is disposed of with a direction to the applicant to surrender before the trial court within a period of two weeks from today along with a certified copy of this order. Thereupon the trial court shall consider and decide the matter in accordance with law.
For a period of two weeks from today, no coercive steps shall be taken against the applicant in pursuance of Complaint Case No. 436 of 2019 (Jitendra Kumar Gupta vs. Dhruv Sharma) under Section 138 of Negotiable Instruments Act, 1881, Police Station- Kotwali Mainpuri, District-Mainpuri. Order Date :- 24.9.2024 Kirti (Anish Kumar Gupta, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view thereof, the instant application is disposed of with a
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Negotiable Instruments Act, 1881 — s. 138; Indian Penal Code, 1860 — ss. 328, 376, 504, 506; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(V).
Which court decided this case, and when?
Allahabad High Court, on 24 Sep 2024. The bench was ANISH KUMAR GUPTA.
Precedent status how later indexed judgments have treated this case
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