Suresh Kumar Gupta vs Vishal Gupta on 6 July, 2023

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Madhya Pradesh High Court

Suresh Kumar Gupta vs Vishal Gupta on 6 July, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                 1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                       ON THE 6 th OF JULY, 2023
              MISC. CRIMINAL CASE No. 35367 of 2019

BETWEEN:-
SURESH KUMAR GUPTA S/O LATE SHRI SHIVCHARAN
GUPTA, AGED ABOUT 65 YEARS, OCCUPATION: JOB, R/O
G-20, RAJGHAT COLONY, DATIA (MADHYA PRADESH)

                                                             .....PETITIONER
(BY SHRI R.K.SONI - ADVOCATE )

AND
1.    VISHAL GUPTA S/O SHRI LAXMAN GUPTA R/O
      SHRI BIHAR COLONY GHOSHIPURA BHAUDAPUR
      GWALIOR AND VISHAL GUPTA DIRECTOR
      MEERA CONSTRUCTION 6 ASHIYANA COMPLEX
      MOTI MAHAL, BACK SIDE OF GURUDWARA,
      LASHKAR GWALIOR (MADHYA PRADESH)

2.    SUPERINTENDANT OF POLICE DATIA (MADHYA
      PRADESH)
3.    SUPERINTENDENT    OF POLICE,   GWALIOR
      (MADHYA PRADESH).

                                                          .....RESPONDENTS
(SHRI ANIL KUMAR SHUKLA - PP FOR RESPONDENTS NO. 2 AND 3 )

      This petitionc oming on for admisison this day, the court passed the
following:
                                  ORDER

Petitioner who is a complainant is seeking arrest of absconding accused in private complaint case No. 1256/2015 under Section 138 of NI Act.

From perusal of order sheet dated 30/10/2018 of trial Court, it appears that case was registered on 15/9/2018 and for securing presence of respondent No. 1/accused, many a time, summons and bailable warrant were issued.

However, accused never appeared therefore, under Section 299 of Cr.P.C. he was declared absconding while issuing permanent arrest warrant against him.

The Police under Cr.P.C. is obliged to make compliance of Court orders.

The offence in this case was registered on 15/9/2015 and it is alleged that the even after issuance of permanent arrest warrant accused is not arrested till date.

This petition stands disposed of with a direction to the Superintendent of Police, Gwalior & Datia (M.P.) to ensure arrest and production of accused / respondent no. 1 in light of order of trial Court dated 30/10/2018.

With the aforesaid observation, the petition stands disposed of.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

JAI PRAKASH Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cfb9e38ce14fc SOLANKI bb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D8357, serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C01433EBD48AE4 F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2023.07.07 09:55:29 +05'30'

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