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