M/S Precious Hospitality And ... vs State Of U.P.And Another
2022 Latest Caselaw 7800 ALL

Citation : 2022 Latest Caselaw 7800 ALL
Judgement Date : 22 July, 2022

Allahabad High Court

M/S Precious Hospitality And ... vs State Of U.P.And Another on 22 July, 2022

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 8441 of 2022
 

 
Applicant :- M/S Precious Hospitality And Leisure Private Limited And 2 Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Ram Bilas Yadav,Ashutosh Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

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

The instant application has been filed to quash the non bailable warrant dated 18.5.2019 issued against the applicants in Complaint Case No. 2003 of 2015(M/s S.E. Investments Ltd. vs. M/s Precious Hospitality and Leisure Private Limited and others) under Section 138 of Negotiable Instruments Act, Police Station Hari Parwat, District Agra.

Learned counsel for the applicants has drawn the attention of the Court towards the order dated 18th May, 2019 whereby non bailable warrant has been issued against the applicants. He submits that earlier the applicants have approached this Court by filing Crl. Misc. 482 Cr.P.C. Application No. 40005 of 2016 challenging the entire proceedings of the present case and a Co-ordinate Bench of this Court vide order dated 3rd January, 2017 remitted back the matter to the court concerned according five months period for taking a decision in the light of judgment of the Apex Court in the case of DAMODAR S. PRABHU Vs. SAYED BABALAL H. reported in 2010(5) SCC 663. He submits that in place of considering the application non bailable warrant has been issued by the court concerned, hence the same is liable to be quashed.

Learned A.G.A. opposed the prayer for quashing.

For a period of four weeks, the non bailable warrant dated 18.05.2019 issued against the applicants in the aforesaid case is hereby stayed.

However, if they do not appear before the court below within the aforesaid period, this order shall stand revoked and no benefit of this order shall accrue to them.

The Court below is directed to proceed with the matter in compliance of the order dated 3rd January, 2017 passed in Crl. Misc. 482 Cr.P.C. Application No. 40005 of 2016.

With the aforesaid observations and direction, the present application stands disposed of.

Order Date :- 22.7.2022

Shiraz