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Allahabad High Court · body

2019 DIGILAW 2627 (ALL)

Arif Ahmad v. State Of U. P.

2019-11-22

ANIRUDDHA SINGH

body2019
JUDGMENT : 1. Heard learned counsel for the petitioners and Sri A.K.S. Tomar, learned A.G.A. for the State. 2. This present application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 28.8.2018 & NBW order dated 3.10.2019 passed by the learned Additional Court No. 8 Lucknow in Complaint Case No. 1598 of 2018 and further proceedings of Complaint Case No. 1598 of 2018 [Sanmukh Leasing Finance Co. Vs. Arif Ahmad and another] under Section 138 of N.I. Act, Police Station-Alambagh, Lucknow pending before the learned Additional Court No.8, Lucknow and further to stay the operation and implementation of the summoning order dated 28.8.2018 & NBW order dated 3.10.2019 passed by the learned Additional Court No.8, Lucknow in Complaint Case No. 1598 of 2018 and further proceedings of Complaint Case No. 1598 of 2018 [Sanmukh Leasing Finance Co. Vs. Arif Ahmad and another] under Section 138 of N.I. Act, Police Station-Alambagh, Lucknow pending before the learned Additional Court No.8, Lucknow. 3. Learned counsel for the petitioners submitted that the petitioners are already on bail. N.B.W. was issued, hence this petition. 4. Learned A.G.A. opposed the prayer and submitted that petitioners have opportunity to move application before trial court to cancel the N.B.W. order dated 3.10.2019. 5. In the above backdrop, this Court finds no sufficient ground to quash the impugned order. 6. However, if the petitioners move an application for cancellation of N.B.W. order dated 3.10.2019 before trial court within a period of 15 days from today, the same shall be considered in accordance with law. 7. The present application is disposed of finally. 8. Till then, N.B.W. order dated 3.10.2019 passed by trial court against the petitioners, namely, Arif Ahmad and Tariq Ahmad shall remain kept in abeyance.