Dismissed

Dr. Suryakant Sharma and Another v. R.K. Mohta Director

Allahabad HC8 Jul 2024A482/7832/2024

Case brief

AI extract

What is this about?

The applicant sought to withdraw an application to quash proceedings under Section 138 NI Act. The court dismissed the application as withdrawn and directed the trial court to dispose of the underlying complaint expeditiously within three months, noting the applicants' prior non-cooperation.

What did the court decide?

Application dismissed as withdrawn. Trial court directed to dispose of complaint within three months.

Dr. Suryakant Sharma and Another vs R.K. Mohta Director — Cheque Dishonour | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:110131

¶2

HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.27)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 7832 of 2024

¶7

Applicant :- Dr. Suryakant Sharma And Another Opposite Party :- R.K. Mohta Director

¶8

Counsel for Applicant :- Anushriya Tripathi,Ashok Nath Tripathi,Rakesh Nath Tripathi

¶9

Counsel for Opposite Party :- Anurag Vajpeyi

¶10

Hon'ble Anish Kumar Gupta,J.

¶11

1. Heard Sri Vivek Kumar Mishra, counsel holding brief of Sri Ashok Nath Tripathi, learned counsel for the applicants, Sri Anurag Vajpeyi, learned counsel for the opposite party no.2.

¶12

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

¶13

"I. Quash the impugned order-dated 01/02/2024, passed by Presiding Officer, Special Court, 138 N.I. Act, Gautam Buddh Nagar;

¶14

II Stay the effect and operation of order-dated 01/02/2024, passed by Presiding Officer, Special Court, 138 N.I. Act, Gautam Buddh Nagar;

¶15

III. Allow the applicants for cross-examining the complainant and his witnesses;

¶16

IV. Quash further proceedings of Complaint Case No. 95 of 2022, R.K. Mohta Vs Dr. Surya Kant Sharma, Under Section 138 Negotiable Instrument Act, P.S. Sector 20, Noida, District Gautam Buddh Nagar;

¶17

V. Stay further proceedings of Complaint Case No. 95 of 2022, R.K. Mohta Vs Dr. Surya Kant Sharma, Under Section 138 Negotiable Instrument Act, P.S. Sector 20, Noida, District Gautam Buddh Nagar;"

¶18

3. From last three dates it appears that that the matter is being adjournment for want of instruction by the learned counsel from the applicant.

¶19

4. Learned counsel for the opposite party no.2 has placed the judgement and order dated 06.08.2014, passed in Application under 482 No. 30167 of 2014 (Suryakant Sharma and Another vs. State of U.P. and Another) and submits that similar prayer for quashing of proceedings of the instant case was made by the applicant in earlier application which was well considered and was dismissed. Therefore, this being the second application under Section 482 Cr.P.C. is not

¶20

maintainable and is liable to be dismissed.

¶21

5. At this stage, learned counsel for the applicants seeks to withdraw the instant application, therefore, the instant application is dismissed as withdrawn .

¶22

6. Vide order dated 29.03.2019 passed in Application u/S 482 Cr.P.C. No. 14478 of 2019 (R.K.Mohta vs. State Of U.P. ) , the matter was already directed to be disposed of expeditiously, preferably within six weeks, however, due to noncooperation of applicants the matter could not be proceeded. In view thereof the trial court is directed to take all appropriate steps to dispose of the case, expeditiously preferably within three months from today.

¶23

Order Date :- 8.7.2024 Shubham Arya

¶24

(Anish Kumar Gupta, J.)

¶25

Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Dr. Suryakant Sharma and Another v. R.K. Mohta Director

Case brief

What is this about?

What did the court decide?

Dr. Suryakant Sharma and Another v. R.K. Mohta Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Premnath vs State of U.P. and Another

Naveen Kumar Singh vs State of U.P. and Another

Smt Geeta Krishan vs State of U.P. and Another

Ram Babu Singh vs State of Up and Another

Rajeev Kumar Srivastava vs State of U.P. and Another

Heera Lal Saxena Director vs State of U.P. and 2 Others