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2026 DAILYLAW 8269 (UTT)

DEVASHEESH CHAKRAVERTEE v. SATISH CHANDRA PANDEY

C528/1522/2026 · 2026-07-16

Rakesh Thapliyal

body2026

Judgment text

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UKHC010123132026 2026:UHC:5903 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1522/2026 Devasheesh Chakravertee --Applicant Versus Satish Chandra Pandey --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Vikram Singh Dhapola, learned counsel for the applicant. 2. The instant petition has been moved by the present applicant being aggrieved with the issuance of non bailable warrants and the proceeding under Section 85 of BNSS 2023. 3. The present applicant is facing the trial for the offence punishable under Section 138 of the Negotiable Instruments Act wherein statement under Section 313 of Cr.P.C. has already been recorded, however, due to some health issues the applicant could not appear on the date fixed, consequently, the Trial Court issued non bailable warrants and thereafter process under Section 85 of BNSS has also been issued. 4. It is submitted by the learned counsel for the applicant that applicant is ready to face the trial and he will ensure his presence on the date fixed, therefore, non bailable warrants and process issued under Section 85 of BNSS 2023 be kept in abeyance. 5. The relief, as sought, appears to be innocuous. Learned counsel for the applicant apprise to this Court that 30.07.2026 is the date fixed before the Trial Court and submit that the applicant shall ensure his presence on the date fixed. 6. In view of the undertaking as given on behalf of the applicant that the applicant will UKHC010123132026 2026:UHC:5903 ensure his presence on the date fixed, i.e., 30.07.2026 before the Trial Court, the non bailable warrant and the process issued under Section 85 of BNSS 2023 are kept in abeyance. If the applicant fails to ensure his presence before the Trial Court, the non bailable warrants as well as process issued under section 85 of BNSS 2023 shall automatically be revived. 7. Subject to the observation and directions as above, the present petition is disposed of finally. (Rakesh Thapliyal, J.) 16.07.2026. Parul