- (1.) This is an application under Section 482 Cr. P.C. for quashing the order dated 20.5.2015 passed by the learned Additional Chief Judicial Magistrate, Court No. 3, Kanpur Nagar in complaint case no. 5163 of 2010 (Rajesh Kumar Gupta Vs. Vivek Tiwari), under Section 138 Negotiable Instrument Act, Police Station Feelkhana, district Kanpur Nagar.
(2.) Submission of the learned counsel for the applicant is that an exemption application was pending but the concerned court did not dispose of the application and passed an illegal order issuing non bailable warrant against the applicant. It was further argued that the court concerned ought to have posted the matter fixing the next date for disposal of the discharge application. It was next submitted that the applicant has obtained bail in the matter. Order passed by the concerned Magistrate is clearly in violation of the legal provision of the law and the proceeding of the complaint case is also abuse of process of law. Learned counsel for the applicant placed reliance on para 26 of the decision of the Ranjeet Singh & others Vs. State of U. P. and others, 2000 40 AllCriC 342.
(3.) Submission of the learned A.G.A. is that on the date fixed matter was called for in the court concerned and initially the applicant was present. The court concerned postponed the matter for some hours for recording statement of the accused. When the matter was taken up again the applicant did not appear. Even the learned counsel representing the applicant was also not present. Advocate who was not authorised by the applicant was present. The order passed by the concerned Magistrate is in accordance with law. There is no illegality or infirmity hence application is devoid of merits and is liable to be dismissed.;