Surendra Kumar v. State of Up and Another

Court No. - 79

Case :- APPLICATION U/S 482 No. - 27419 of 2024

Applicant :- Surendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Mishra,Lok Nath Shukla Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

1. The present application has been filed to quash the impugned order dated 18.07.2024 passed by the learned Presiding Officer, Additional Court No.3, Gautambuddh Nagar in Misc. Case No.2 of 2023 (Surendra Kumar Vs. Mohd. Salim) under Section 142 (kha) of the N.I. Act, Police Station- Ikotech-3, DistrictGautambuddh Nagar rejecting the delay condonation application filed by the applicant.

1. Contention of learned counsel for the applicant is that he had filed a complaint under Section 138 of N.I. Act, which was dismissed on the ground of being premature. Thereafter, the applicant filed a fresh application along with delay condonation application but the delay condonation application of the applicant was dismissed on the ground that the applicant has annexed the earlier complaint along with this application under Section 142 of N.I. Act. Thereafter, the applicant approached this Hon'ble Court by way of filing Criminal Misc. Application U/s 482 No.1156 of 2023, which was dismissed as withdrawn.

1. He further submits that the applicant filed a new complaint along with application under Section 142 of N.I. Act but that was again rejected by the impugned order on the ground of barred by time.