Vivek Tiwari Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:171905

Court No. - 90

Case :- APPLICATION U/S 482 No. - 21481 of 2023

Applicant :- Vivek Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Dinesh Pathak,J.

¶6

Instant matter is arising out of proceeding under Section 138 of Negotiable instrument Act, 1881 (in brevity N.I. Act).

¶7

Complainant has assailed the final order impugned dated 2.5.2023 passed by Additional Civil Judge (J.D.), Court No.1, Kanpur Nagar, convicting present applicant u/s 138 of N.I. Act.

¶8

Learned AGA has opposed the instant application filed under Section 482 Cr.P.C. with a submission that present applicant has an alternative remedy to file an appeal under Section 148 N.I. Act, therefore, instant application may be rejected on the ground of maintainability.

¶9

Perusal of record reveals that owing to dishonour of cheque bearing No.380452 dated 20.6.2010 amounting Rs.10 lakhs application under Section 138 of N.I. Act has been moved on behalf of the opposite party no.2. Learned trial court has allowed the aforesaid application vide order impugned dated 2.5.2023.

¶10

Having been aggrieved, present applicant, on the advise given by his learned counsel in good faith, has preferred instant application, which was present before this Court on 02.06.2023 and since 02.06.2023 instant application is being listed as fresh.

¶11

In this conspectus, as above, I agree with the submission as raised by learned AGA. Applicant has an alternative remedy to approach before the court competent by preferring an appeal under Section 148 of N.I. Act.

¶12

As such, instant application is dismissed on the ground of alternative remedy.

¶13

Order Date :- 25.8.2023 Md Faisal

¶14

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Vivek Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vivek Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amit and 2 Others Vs State of Up and Another

Amit Gupta Vs State of U.P. and Another

Vakil Ahmad Hashmi and 4 Others Vs State of U.P. and 2 Others

Shriman Shukla @ Saurabh Shukla Vs State of U.P. and 3 Others

Lal Puri Goswami and 2 Others Vs State of U.P. and Another

Sunil Gautam and Another Vs State of U.P. and Another