In an application under Section 482 Cr.P.C. seeking stay of proceedings under sections 138 and 142 N.I. Act, the High Court of Judicature at Allahabad dismissed the application as withdrawn by the applicant with liberty to file a proper petition.
Application dismissed as withdrawn with liberty as prayed.
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Neutral Citation No. - 2024:AHC:162578
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl.No.27)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 25217 of 2024
Applicant :- Neeraj Kumar Jain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
"It is , therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to stay the effect of order dated 26.06.2024 passed by Judicial Magistrate 3rd, Saharanpur, in Case No. 1199 of 2024, under section 138, 142 N.I. Act, Police Station Kotwali Nagar, District Saharanpur and further stay the entire proceeding of Case No. 1199 of 2024, under section 138, 142 N.I. Act pending in the court of Judicial Magistrate 3rd, Saharanpur
And/or any further order which this Hon'ble Court may deem fit and proper in the aforesaid case during pendency of the present petition so that justice may be done."
Order Date :- 4.10.2024 Nisha
(Anish Kumar Gupta, J.)
Digitally signed by :- NISHA KUMARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether Section 482 Cr.P.C. application maintaining a stay on NI Act proceedings can be allowed when filed under Section 138 and 142 N.I. Act
Whether the instant application under Section 482 Cr.P.C. should be allowed when the applicant seeks to withdraw and file a fresh petition
3 provisions across 2 enactments
Neeraj Kumar Jain
Anish Kumar Gupta
Nisha Kumari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
