Final Order 1

Order Details: Order Below EX 1
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MHMM180020792022
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 01 in C. C. No.133/Misc./2022
In C.C.No.3476/SS/2016
1. This is an application filed by the applicant to grant
permission to renewal/issuance of the passport. Applicant Narpinder
Kumar Gupta is an accused in Criminal Case No.3476/SS/2016. The
case is pending before this court, in which the accused is facing trial
for the offence punishable u/sec.138 of the Negotiable Instruments
Act. The applicant/accused submitted that he had a passport bearing
No. Z 2009365. The said passport was expired on 17.06.2020 but
still it is not renewed. The applicant submitted that he is a
permanent resident of Delhi. He required to travel abroad for visiting
his son in Germany and United Kingdom and also for managing few
ongoing projects in Nepal, Bangladesh and UAE and he may be
required for technical assistance, being an expert in his particular
field. Therefore, the passport is required to be renewed or new
passport to be obtained. The passport authority has raised objection
in view of sec.6(2)(f) of The Passports Act 1967. The passport
authority may renew or issue new passport, if court grant no
objection to the accused.
2. In view of Notification issued by Ministry of External
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Affairs dated 10.10.2019, the passport may be issued if the applicant
produced 'No Objection Certificate' from Court of Law in India and
may file undertaking in respect of criminal cases pending against
him.
3. Sr. P. I. of Mahim Police Station has not filed his say.
4. Under section 6(2)(f) of the Passport Act, 1967, a person
who is an accused in the Criminal Case is ineligible to be issued a
passport. However, the Government of India has issued a notification
No.GSR 570 (e) dated 25 August 1993 directing that such person can
seek permission of the court where the case is pending. If such court
permits, the passport can be issued. Therefore, the recourse available
to the applicant to move the court and seek permission. Thereafter,
applicant may make an application to passport authority alongwith
permission granted by the court and passport authority may issue the
passport.
5. Counsel for the applicant would submit that the case
pending against the applicant is not of heinous offence, the applicant
is a respectable person of the society and has no criminal history. It
is further submitted that there is no chance of absconding and non
returning of the petitioner to the country back. The Counsel for the
petitioner further submit that the petitioner is ready to adhere the
condition, if any, imposed by this court.
6. Having considered the arguments of learned counsel for
the applicant after perusal of the guidelines issued by the Ministry of
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External Affairs as well as the gravity of the charges of the criminal
case leveled against the petitioner and also considering the case that
the accused is not convicted in any offence herein before. Thirteen
cases are pending against him u/sec.138 of N.I. Act. He is ready to
inform the court whenever he planned to go abroad. Therefore, I
hold that 'No Objection Certificate' may be issued to the applicant for
renewal of the passport. Hence, I proceed to pass following order.
ORDER
1. The application is allowed.
2. Issue 'No Objection Certificate' to the applicant for
renewal/issuance of the passport on following
conditions:
a) The applicant is directed that he shall not leave India
except prior permission of the Court.
b) He shall appear for trial in C.C.No.3476/SS/2016 and
shall not delay the proceeding.
c) Whenever he left the India his advocate shall conduct
the trial of said case.
3. He shall file undertaking that he will abide the aforesaid
conditions.
4. The copy of this order be kept with Criminal Case
No.3476/SS/2016.
Mumbai, (M. Y. Wagh)
Dated : 10.06.2022. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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