Rakesh Kumar Garg v. State of U.P. and Another

Court No. - 79

Case :- APPLICATION U/S 482 No. - 23081 of 2024

Applicant :- Rakesh Kumar Garg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard learned counsel for the applicant, Sri Pushpendra Kumar Jadon, learned A.G.A for the State and perused the record.

1. The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 20.04.2024 passed by Special Court, 138 N.I. Act, District Agra in Complaint Case No.3371 of 2017, under Section 138 N.I. Act, Police Station - Hariparvat, District Agra.

1. Contention of learned counsel for the applicant is that he is complainant and his opportunity to submit evidence under Section 254 Cr.P.C. has been closed on 31.08.2019. To recall of that order, the applicant has filed an application under section 311 Cr.P.C. on 18.01.2023 through subsequent counsel but the same was erroneously rejected by the court below. It is further submitted that the applicant was not aware of closing his opportunity to give his evidence under Section 254 Cr.P.C. He came to know of that order in year 2023 when he engaged subsequent counsel. As the order is very old, it would be appropriate that opposite party no.2 should be heard before passing any order.

1. Issue notice to opposite party no.2 returnable at an early date.