Disposed

Smt. Nalini Jain v. State of U.P. Thru. Addil. Chief Secy. Home Govt. Lko. and Another

Allahabad HC24 Jun 2024A482/5644/2024

Case brief

AI extract

What is this about?

An application under Section 482 CrPC filed by a complainant seeking quashing of an order rejecting her transfer prayer and staying proceedings in a cheque dishonour case. The High Court issued notice to notice parties and stayed the proceedings pending the first listing.

What did the court decide?

Stayed the proceedings of the complaint case; issued notice to the opposite party.

Smt. Nalini Jain vs State of U.P. Thru. Addil. Chief… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 5644 of 2024

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Applicant :- Smt. Nalini Jain Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Home Govt. Lko. And Another Counsel for Applicant :- Shiv Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Nirmal Kr. Pandey, learned AGA for the State and perused the material placed on record.

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The instant application has been filed with the following prayer:-

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1- This Hon'ble Court may kindly be pleased to quash the order dated 01.05.2024 passed by District and Sessions, Judge Lucknow by which the transfer application has been rejected by the learned District and Sessions Judge, Lucknow. The petitioner further prays that this Hon'ble Court may graciously be pleased to stay the proceedings of the complaint case no. 87036 of 2021 Smt. Nalini Jain versus Ajay Kumar pending in the court of Additional Court No.5, Lucknow under section 138 N.I. Act, in the interest of justice and equity. The petitioner further prays that this Hon'ble Court may be pleased to transfer the complaint case no. 87036 of 2021, under section 138 N.I. Act, Smt. Nalini Jain versus Ajay Kumar pending in the court of Additional Court No.5, Lucknow to some other court in Lucknow.

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Contention of the counsel for the applicant is that the applicant is complainant and she moved a complaint case no. 87036 of 2021 and thereafter, raising certain grounds, she moved the transfer application bearing Criminal Misc. Case No. 297 of 2024 before the Sessions Judge, Lucknow, which was rejected vide order dated 1st May 2024. He added that it is not a case that the applicant is accused, but rather she is complainant and once an application for seeking time was moved, the same was also rejected and later on the application for transfer has also been rejected. Further contention of the counsel for the applicant is that there is no hope of justice to the complainant to the Court concerned and therefore, the order dated 1st May 2024 may be quashed and the matter may be remitted back to the court concerned to take decision afresh.

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Learned AGA appearing for the State has opposed the contention aforesaid.

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Matter requires consideration.

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Let notice issued to the opposite party no. 2, returnable at an early date.

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Steps be taken within a week.

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List/Put up this matter in the first week of August, 2024.

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Till then, the further proceeding of Complaint Case No. 87036 of 2021 shall remain stayed.

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Order Date :- 24.6.2024 Anurag

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

Smt. Nalini Jain v. State of U.P. Thru. Addil. Chief Secy. Home Govt. Lko. and Another

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Smt. Nalini Jain v. State of U.P. Thru. Addil. Chief Secy. Home Govt. Lko. and Another

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