NAVEEN PRATAP SINGH Vs. SHAMIM AHMAD

JUDGEMENT

(1.) By means of this C528 application, applicant has challenged the order dtd. 4/10/2024 passed by learned Fourth Additional Chief Judicial Magistrate, Dehradun in Complaint Case No.4819 of 2013S hamim Ahmad Vs. Naveen Pratap Singh, for the offence punishable under Sec. 138 of the Negotiable Instrument (N.I.) Act 188, whereby, the non-bailable warrant was issued against the applicant as well as the order dtd. 21/11/2024 passed by learned Fourth Additional Chief Judicial Magistrate, Dehradun in the aforesaid complaint case, whereby, the learned trial court has sent the copy of the order of issuance of non-bailable warrant to the office of Senior Superintendent of Police, Haridwar for the execution of the summon and directed the applicant to put in appearance on 21/12/2024.

(2.) From the order impugned, it is reflected that the present complaint case filed under Sec. 138 of the N.I. Act was filed by the respondent- complainant on 16/7/2011, and despite issuance of non-bailable warrant w.e.f. 5/4/2022 and issuance of proceedings under Sec. 83 of Cr.P.C. dtd. 19/2/2024, the appearance of the applicant could not be ensured.

(3.) Learned counsel for the applicant submits that there was a settlement arrived at between the parties and according to the said settlement, one of the cases under Sec. 138 of the N.I. Act was withdrawn, while the present one is pending before the learned trial court and the applicant did not appear before the learned trial court on the assumption that the said case will also be withdrawn by the complainant.