The Allahabad High Court stayed proceedings in this Section 482 CrPC application regarding a dismissed Section 138 cheque bounced petition, listing it post-decision of a larger bench hearing a similar issue.
Case listed after decision of larger bench; applicant free to file appropriate application thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 11 Case :- APPLICATION U/S 482 No. - 6341 of 2024 Applicant :- Pawan Kumar Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Govt. Lko. And Another Counsel for Applicant :- Lalit Kishore Pandey Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard.
Admittedly the matter in dispute is whether once application filed under Section 138 N. I. Act has been dismissed in default as to what would be the remedy has been referred to larger bench of this Court in Application application under Section 482 No. 3099 of 2024 in re: Abhishek Mishra @ Pintu vs State of U.P. and others vide order dated 13.03.2024.
Considering the aforesaid, list this case after decision of larger bench.
It would be open for the applicant to file appropriate application after decision of larger bench.
Order Date :- 3.9.2024 J. K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a remedy exists for an applicant whose Section 138 NI Act application was dismissed in default prior to a larger bench decision.
Colour shows how this judgement treated each authority
Application under Section 482 No. 3099 of 2024 in re: Abhishek Mishra @ Pintu vs State of U.P. and others vide order dated 13.03.2024Referred¶4
2 provisions across 2 enactments
Pawan Kumar Agarwal
Abdul Moin
Jeshu Kumar Dinker
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
