Disposed

Ajay Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Allahabad HC25 Jun 2024A482/5539/2024

Case brief

AI extract

What is this about?

The High Court addressed an application under Section 482 CrPC seeking to quash a complaint under Section 138 of the Negotiable Instruments Act and set aside an order taking cognizance. The court observed claims regarding the absence of a mandatory notice. In the meantime, it stayed proceedings against the applicant.

What did the court decide?

Stayed criminal proceedings under Section 138 so far as the applicant is concerned.

Ajay Kumar Srivastava vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 12 Case :- APPLICATION U/S 482 No. - 5539 of 2024 Applicant :- Ajay Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Amit Jaiswal,Adesh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard counsel for the applicant, Sri Anirrudha Kumar Singh, learned AGA- I for the State and perused the record.

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Instant application has been filed with the prayer to allow the petition and quash the Complaint case no. 2200070 of 2017 (Om Sai Atta Chakki versus Ajay Kumar Srivastava) and setting aside the impugned order dated 06.01.2018 passed by the Addl. Chief Judicial Magistrate court no 19 DistrictSultanpur, taking cognizance and issuing summons to the petitioner under section 138 of the Negotiable Instruments Act.

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The contention of learned counsel appearing for the applicant is that for certain transactions, three complaints were instituted by the complainant, wherein, in one of the complaint, the present applicant approached this Court in application under section 482 no. 6071 of 2018, wherein, the order was passed on 11.07.2019 and interim relief is granted, infavour of the applicant. He next added that in fact no mandatory notice was issued to the applicant and thus, the very institution of the complaint itself is defective and against the provisions of law. Therefore, submission is that the Complaint Case No. 2200070 of 2017 may be quashed.

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Learned counsel for the State has opposed the abovesaid contentions.

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Matter requires consideration.

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Let notice be issued to opposite party no. 2, returnable at an

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early date.

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Steps be taken within a week.

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If steps are taken, office shall proceed accordingly.

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List/put up this matter in the week commencing 05.08.2024.

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In the meantime, the State as well as the opposite party no. 2 may file their counter affidavits.

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Till the next date of listing, criminal proceedings of Complaint Case No. 2200070 of 2017 under section 138 of the Negotiable Instruments Act at Police Station- Kurebhar, District- Sultanpur shall remain stayed, so far as the present applicant is concerned.

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Order Date :- 25.6.2024 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Case brief

What is this about?

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Ajay Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Case brief

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What did the court decide?

What the court decided

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