Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48945 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4811 of 2025 Applicant :- Azhar Malik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Samiuzzaman Khan,Sayed Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant as well as Sri Kripa Shankar, learned AGA for the State
2. This application U/s 528 of BNSS has been filed for quashing the impugned non-bailable warrant dated 13.01.2025 passed by learned Civil Judge (J.D.)/Fast Track Court-I, District Amroha in old Complaint Case No. 132 of 2020, New Complaint Case No. 2162 of 2021 (Shah Alam Vs. Azhar Malik) under Section 138 of NI Act, P.S. Didauli, District Amroha. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by opposite party no. 2 against the applicant purported to be under Section 138 of the NI Act. Learned counsel for the applicant further submits that the applicant has obtained bail, however, on account of ailment, he could not appear on certain dates and on 13.01.2025, non-bailwable warrants have been issued. Learned counsel for the applicant submits that the applicant shall be filing a recall application. Till the passing of the order on the same, no coercive action shall be taken. 4. Learned AGA has no objection to the same. 5. Having heard the submissions made across the bar, the application stands disposed of directing the applicant to prefer a recall application for recalling of the order of non-bailwable warrants by 25.04.2025. The Court below shall decide the same within a period of further 15 days. 6. Till the disposal of the no coercive action shall be taken against the applicant in impugned non-bailable warrant dated 13.01.2025 passed by learned Civil Judge (J.D.)/Fast Track Court-I, District Amroha in old Complaint Case No. 132 of 2020, New Complaint
Case No. 2162 of 2021 (Shah Alam Vs. Azhar Malik) under Section 138 of NI Act, P.S. Didauli, District Amroha. 7. The protection so accorded to the applicant shall only remain available to him, in case, applicant sticks to the timeline and does not violate any of the conditions of the order, in case of any violation, the protection shall stand vacated without reference to the Bench.
Order Date :- 5.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad