Asp Construction and Builders Private Limited and another Vs State of U.P. and another

Court No. - 44

Case :- APPLICATION U/S 482 No. - 20452 of 2018

Applicant :- Asp Construction And Builders Private Limited And Another

Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Nayan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajeev Nayan Singh, learned counsel for the applicants and the learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed for a direction to the court below to decide the Complaint Case No. 10435 of 2007 (ASP Construction & Builders Private Limited and another Vs. Ramveer Sigh) under Section 138 N.I. Act, P.S. Sector-20, Noida, District Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.

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Learned A.G.A. points out that for the same relief, the applicants had earlier approached this Court by means of the criminal misc. application No. 34504 of 2010 (A.S.P. Construction And Builders Pvt. Ltd. And Anor. Vs. State of U.P. and another) which was disposed of finally vide order dated 9.11.2010, the same is reproduced hereunder:-

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"Heard learned counsel for the applicants and learned AGA.

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After having considered the submissions advanced by learned counsel for the applicants this application under section 482 Cr.P.C. is finally disposed of with the direction to Chief Judicial Magistrate, Gautambudha Nagar to decide the complaint case no.10435 of 2007 under section 138 of Negotiable Instruments Act as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties."

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Thus, from the aforesaid, it is clear that for the same relief, the present application is the second application, which is not maintainable. Consequently, the present application is dismissed.

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Order Date :- 13.7.2018

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Arshad

Asp Construction and Builders Private Limited and another v. State of U.P. and another

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Asp Construction and Builders Private Limited and another v. State of U.P. and another

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