Court No. - 48
Case :- APPLICATION U/S 482 No. - 8848 of 2019
Applicant :- Azad Singh Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gautam Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned AGA for the State.
Present application has been filed by the applicant with the prayer to quash the entire proceedings including the impugned summoning order dated 16.03.2016 and non bailable warrant order dated 26.11.2018, under Section 138 Negotiable Instruments Act, Police Station Orai, District Jalaun.
It is submitted by learned counsel for the applicant that applicant has obtained bail. Statement under Section 251 Cr.P.C. has to be recorded. For the same set of facts, one arbitration proceeding was concluded, execution proceeding is pending. Continuation of the proceeding of the aforesaid complaint is the abuse of process of law and double jeopardize.
On the other hand, learned AGA opposed the prayer.
Having regard to the facts and circumstances of the case and hearing the parties, have gone through the entire record, application is disposed of with the direction to the applicant to raise this fact before the court concerned at appropriate stage in the statement under Section 251 Cr.P.C..
Accordingly, the present application is disposed of.
Order Date :- 11.3.2019 Sanjeet
Neutral Citation No. - 2019:AHC:41488
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