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2025 DAILYLAW 80054 (ALL)

JAIVEER SINGH v. STATE OF U.P. AND ANOTHER

NA528/27154/2025 · 2025-08-05

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132441 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27154 of 2025 Applicant :- Jaiveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Vivek Singh, learned counsel for the applicant submits that though the present application under Section 528 of the B.N.S.S. has been filed by the applicant set-aside the order of N.B.W. dated 09.07.2025 passed / issued by learned Additional Chief Judicial Magistrate-First, Muzaffar Nagar in Complaint Case No. 3858 of 2021 (Chandra Prakash Versus Jaiveer Singh), under Section 138 of Negotiable Instrument Act, Police Station:-Sikheda, District:- Muzaffar Nagar which is pending in the Court of learned Additional Chief Judicial Magistrate-First, Muzaffar Nagar, however, he confines his relief for filing a recall application for recalling of the orders directing non-bailable warrants. He submits that due to certain reasons beyond control and comprehension of the applicant, the applicant could not appear, non-bailable warrants were issued. Prayer so confined is that till the recall application seeking recall of the non-bailable warrants is decided, no coercive action be taken. 2. Learned AGA has no objection to the same. 3. Considering the submissions so made across the bar, the application stand disposed of directing the applicant to submit an appropriate application for recalling of non-bailable warrants by 21.8.2025 and on the said motion the court below shall decide the same strictly in accordance with most expedition. 4. Till the application is decided, no coercive action shall be taken against the applicant in Complaint Case No. 3858 of 2021 (Chandra Prakash Versus Jaiveer Singh), under Section 138 of Negotiable Instrument Act, Police Station, Sikheda, District:- Muzaffar Naga. 5. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 6.8.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad