Gupta Traders Proprietor Awdhesh Gupta vs State of U.P. and Another

Court No. - 79

Case :- APPLICATION U/S 482 No. - 24576 of 2024

Applicant :- Gupta Traders Proprietor Awdhesh Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant and Sri Padmakar Rai, learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the impugned ex-parte order dated 03.04.2024 passed in Complaint Case No.11003 of 2021 (Ramgopal Chhapdiya Vs. Gupta Traders Proprietor Awdhesh Gupta), under Section-143A(1) of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police StationCantt, District-Gorakhpur, pending in the court of Judicial Magistrate-I, Gorakhpur.

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Contention of learned counsel for the applicant is that while passing the impugned order u/s 143A of the Act, 1881, court below has failed to consider the defence of the applicant on the merits of the case as well as failed to apply his mind on the quantum of interim compensation which is against the law laid down by the Apex Court in the case of Rakesh Ranjan Shrivastava Vs. State of Jharkhand And Another reported in 2024 (4) SCC 419.

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Learned AGA has opposed the prayer but could not dispute the aforesaid fact.

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Matter requires consideration.

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

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date.

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List in the week commencing 03.02.2025.

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Till the next date of listing, effect and operation of the order dated 03.04.2024 passed in the aforesaid case shall remain stayed, provided the applicant will deposit 10% of the cheque amount within three weeks before the court below and that would be payable to opposite party no.2.

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Order Date :- 4.12.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Gupta Traders Proprietor Awdhesh Gupta v. State of U.P. and Another

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