Anil Kumar Singh Alias Raghvendra ... vs State Of U.P. And Another
2023 Latest Caselaw 2277 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 
Case :- APPLICATION U/S 482 No. - 36751 of 2022
 
Applicant :- Anil Kumar Singh Alias Raghvendra Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ram Babu Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

It is submitted by the learned counsel for the applicant that in case under Section 125 Cr.P.C., ex-parte judgment was passed against the applicant. According to that ex-parte judgment and order dated 07.02.2018, an order was made for payment of Rs.10,000/- per month by the applicant to opposite party no.2 from the date of order itself. It is further submitted that the applicant moved an application under Section 126(2) Cr.P.C., which was allowed subject to the payment of Rs.60,000/-, the same was to be paid within 15 days, but he could not pay this amount, so the order of setting aside the ex-parte judgement automatically got cancelled. Now, as per ex-parte judgment and order dated 07.02.2018, the applicant has to pay Rs. 10,000/- per month to opposite party no.2 and the arrears of this amount. As per the counsel for the applicant, the recovery warrants of Rs.2,90,000/- have been issued against the applicant and a prayer is made that the applicant is ready to pay the due amount in instalment of Rs.75,000/- each.

Hence, the application of the applicant is disposed of with the direction that the applicant shall pay Rs.75,000/- upto 6th February, 2023 directly in the bank account of opposite party no.2 and thereafter on 5th of each month he shall pay the arrears of maintenance amount in the instalment of Rs. 75,000/- per month each.

Till 6th February, 2023 the recovery warrants issued against the applicant shall remain in abeyance. If till 6th February, 2023 the applicant deposits Rs. 75,000/ in the bank account of opposite party no.2 then this order of keeping recovery warrants in abeyance shall continue till the next date i.e. 5th March 2023 only. If the applicant continues to deposit the due amount in monthly instalment of Rs. 75,000/- each on 5th of every month then only the recovery warrants issued against him shall be kept in abeyance thereafter.

The violation of this order even not depositing first instalment shall cause the vacation of the order of keeping the recovery warrants in abeyance against the applicant.

Order Date :- 20.1.2023

Radhika