Sajal Agrawal Vs State of U.P. and Another

Court No. - 64

Case :- MATTERS UNDER ARTICLE 227 No. - 4202 of 2019

Petitioner :- Sajal Agrawal Respondent :- State Of U.P. And Another Counsel for Petitioner :- Utsav Counsel for Respondent :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

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By way of the instant petition, the petitioner has sought quashment of the order dated 08.03.2019 passed by the Additional Sessions Judge / F.T.C. (New), Chitrakoot, in Criminal Revision No.67 of 2017 Sajal Agrawal Vs. Manish Kumar Pandey and the order dated 05.10.2017 passed by the Chief Judicial Magistrate, Chitrakoot, in Complaint Case No.218/X/2013 Sajal Agrawal Vs. Manish Kumar Pandey, under Section 138 Negotiable Instruments Act, Police Station Karvi, District Chitrakoot.

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In this case, the controversy involved is fact whether the complaint filed by the petitioner is premature or not. The date of dishonourment of the cheque is 05.12.2012 and notice was given on 19.12.2012. There is no pinpoint as to on what date the registered notice was served upon opposite party no.2, however the complaint was filed on 08.01.2013. That way, the court below was justified in holding that the complaint is premature. However, that finding would not debar the petitioner from seeking remedy by filing fresh complaint on the same cause of action and delay can be explained satisfactorily under circumstances because the petitioner being engaged in the proceeding as the present one. Therefore, the petitioner is required to take his own initiative by moving fresh complaint at his convenience. No good ground is made out for quashment of the impugned orders. Accordingly, the prayer for quashment of the impugned orders is refused.

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Consequently, the instant petition is disposed of.

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Order Date :- 21.5.2019

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Sajal Agrawal v. State of U.P. and Another

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Sajal Agrawal v. State of U.P. and Another

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