Mr. Umed Singh vs Niho Construction on 4 July, 2022

[Cites 3, Cited by 0]

Madhya Pradesh High Court

Mr. Umed Singh vs Niho Construction on 4 July, 2022

Bench: Dinesh Kumar Paliwal

                                                                        1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    BEFORE
                                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                                ON THE 4th OF JULY, 2022

                                                   MISC. CRIMINAL CASE No. 32041 of 2022

                                            Between:-
                                            MR. UMED SINGH, S/O SHRI BHANWER SINGH,
                                            OCCUPATION: EDUCATIONIST, R/O: H.NO. 1099,
                                            SECTOR 37B, CHANDIGARH, ALSO R/O
                                            DIRECTOR CAREER POINT GURUKUL LANDRA
                                            BANUR ROAD, NH-16 VILLAGE TANGORI,
                                            MOHALI NEAR CHANDIGARH

                                                                                                        .....PETITIONER
                                            (BY SHRI NIKHIL TIWARI - ADVOCATE)

                                            AND

                                            NIHO    CONSTRUCTION,    THROUGH      ITS
                                            DIRECTORS MR. DEEPAK KAPIL, S/O LATE R.L.
                                            KAPIL AGE 58, R/O N BLOCK 146 II FLOOR
                                            PANCHEEL PARK NEW DELHI (DELHI), BRANCH
                                            OFFICE - NIHO CONSTRUCTION LTD PROJECT
                                            SCOTTISH GARDEN, NEAR SANJEEV NAGAR
                                            COLONY, NEORI BHOPAL M.P. 462011

                                                                                                       .....RESPONDENT


                                          This application coming on for admission this day, the court passed the

                                    following:
                                                                         ORDER

This petition under Section 482 of the Cr.P.C has been filed to set aside the order dated 10.07.2019, passed in R.T.No.10262/2019 (Niho Construction Vs. Mr.Umed Singh) under Sectfion 138 of the Negotiable Instruments Act pending on the case file of Smt.Sheela Maina Yadav, JMFC Bhopal whereby Signature Not Verified perpetual arrest warrant has been issued against the petitioner.

SAN Digitally signed by JASLEEN SINGH SALUJA

Date: 2022.07.05 12:29:59 IST Learned counsel for the petitioner has contended that no summon or 2 bailable warrant issued by the trial Court was ever served upon him. Trial Court without any sufficient reason has issued perpetual arrest warrant against him. Learned counsel further submitted that petitioner is ready to appear before the trial Court and face the trial in complaint pending against him but he be released on bail when he appears before the trial Court. In support of his argument, learned counsel has placed reliance upon the judgment of the apex Court in the case of Aman Preet Singh Vs. C.B.I. through Director, reported in 2021 SCC OnLine SC 941.

This petition is disposed off with a direction that within 15 days from today, petitioner shall appear before the trial Court. He shall file a certified copy of this order before the trial Court, and upon furnishing copy of this order if petitioner/applicant appears before the trial Court and files bail application, trial Court shall decide his bail application as per law by calling record of case. In case record is not received same day from the record room or is not made available for this or that reason, he shall not be committed to prison without passing of a order on his bail application as per law.

Petition is disposed off accordingly.

(DINESH KUMAR PALIWAL) JUDGE Jasleen Signature Not Verified SAN Digitally signed by JASLEEN SINGH SALUJA Date: 2022.07.05 12:29:59 IST

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court