Pranav Tripathi v. State of U.P & Anr.

HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl.No. 24) Court No. - 79 Case :- APPLICATION U/S 482 No. - 24050 of 2024 Applicant :- Pranav Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Pandey Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

Heard Sri Sandeep Pandey, learned counsel for the applicant and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

The instant application under Section 482 Cr.P.C. has been filed seeking recall of the non-bailable warrant dated 03.04.2023 passed by Additional Civil Judge, Allahabad in Complaint Case No. 118 of 2016 (Manish Sahu vs. Pranav Tripathi) under Section 138 of Negotiable Instruments Act, 1881, Police Station-Atarsuiya, District-Allahabad.

Learned counsel for the applicant submits that in the instant complaint case under Section 138 of Negotiable Instruments Act, the applicant has appeared before the trial court and was released on bail. It is further submitted by learned counsel for the applicant, that the applicant is very poor and to earn his livelihood he went out of district and the concerned advocate has not properly pressed his case before the court, hence, non- bailable warrant has been issued against him.

Per contra, learned A.G.A. submits that in the instant complaint case under Section 138 of N.I. Act, was filed in the year 2016 and the same is pending since more than eight years which was otherwise expected to be decided finally, in terms of Section 143(3) of the N.I. Act, within six months. Due to non- cooperation of the applicant herein and the dilatory tactics adopted by the applicant, the trial could not be concluded. Therefore, the trial court has rightly issued non-bailable warrant against the applicant which does not require any interference by this Court.

Having heard the rival submissions made by learned counsel for the parties, this Court has gone through the record of the case.

From the record of the case, it is apparent that the trial is pending since 2016 and the applicant was released on bail in the year 2017. The applicant has not cooperated with the trial, therefore, on 3.04.2023 non-bailable warrant has been issued against him, which in the considered opinion of this Court does not require any interference while exercising jurisdiction under Section 482 Cr.P.C.

For the aforesaid reasons, the instant application lacks merit and the same is accordingly, dismissed. Order Date :- 30.8.2024 Kirti (Anish Kumar Gupta, J.)