Disposed

Bharat Sahu v. State of U.P. and Another

Allahabad HC6 Nov 2024A227/9156/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition filed by Bharat Sahu. The court directed the trial court to fix the same hearing dates for two related cheque dishonour proceedings, finding no infirmity in the lower courts' rejection of the clubbing application due to differing evidence for each instrument.

What did the court decide?

Directed the Presiding Officer/Special Judge to fix the same hearing dates for both proceedings (Case No. 3695 of 2013 and Case No. 3697 of 2013).

Bharat Sahu vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:174352

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 9156 of 2024

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Petitioner :- Bharat Sahu Respondent :- State of U.P. and Another Counsel for Petitioner :- Bal Mukund Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Bal Mukund Singh, learned counsel for the petitioner and learned A.G.A. for the State.

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The present petition is being preferred for challenging the order dated 01.11.2023 passed by the Presiding Officer/Special Judge, (Section 138 N.I. Act), Kanpur Nagar through which application for clubbing the two matters in shape of complaint case no. 3695 of 2013 and compliant case no. 3697 of 2013 has been rejected, being aggrieved with order dated 01.11.2023 petitioner preferred criminal revision no. 397 of 2023 before learned Session Court but the same was also dismissed vide order 21.05.2024 by learned court of Additional Session Judge, Court No. 7, Kanpur Nagar through which order dated 01.11.2023 has been upheld.

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While challenging both the above mentioned orders learned counsel for the petitioner submitted that proceeding initiated at the behest of respondent no. 2 for dishonoure of two cheques issued by the petitioner on the same date but same was dishonoured on the same date and again was put for encashed before the bank on the same date and again the same was dishonoured on the same date, moreover, proceeding under section 138 N.I. Act was initiated and both the proceedings were registered on the same date. Learned counsel for the petitioner also submitted that both the matters are being trialed before the same court but on different dates. Although in support of argument raised by learned counsel for the petitioner no order-sheet has been appended at the time of filling the instant petition.

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Considering the arguments and the statement made by learned counsel for the petitioner, if both the matters are being trialed by same court but on different dates, it will be unnecessary problem for both the parties to attain proceedings on different dates and as such the Presiding Officer/Special Judge, (Section 138 N.I. Act),

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Kanpur Nagar is hereby directed to fix same dates in both the matters i.e. in shape of complaint case no. 3695 of 2013 and complaint case no. 3697 of 2013, so that the same may be persuaded by the parties on the same dates. Finding recorded by learned concerned courts while adjudicating the application preferred at the behest of petitioner is absolutely justified by way of not to club the matters since the evidences which has been extended and the statement recorded in both the matters for different instruments might be different in nature and as such the orders impugned does not contain any infirmity.

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The instant petition is hereby disposed of only with limited direction to the learned court concerned to fix same dates in both the matters.

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Order Date :- 6.11.2024 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Bharat Sahu v. State of U.P. and Another

Case brief

What is this about?

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Bharat Sahu v. State of U.P. and Another

Case brief

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