Interim order in Application under Section 482 Cr.P.C. filed to quash NI Act proceedings. Court directed issuance of notices to opposite parties and listed the matter.
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Court No. - 14 Case :- APPLICATION U/S 482 No. - 9056 of 2024 Applicant :- Parveen Saraswat Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Affairs Lko. And Others Counsel for Applicant :- Navneet Yadav,Mohd. Yasir,Prashant Ranjan Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceedings as well as the consequential proceedings of Complaint Case No.12448 of 2021 (Dr. Uttam Kumar Garg vs. M/s Victorian Buildwell Pvt. Ltd.), Police Station Hazratganj, Lucknow filed under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), pending adjudication before learned Presiding Officer, Special Court, NI Act, Court No.12, Lucknow and also the impugned order dated 18.09.2024 and order dated 21.12.2022 passed by learned Presiding Officer, Special Court, NI Act, Lucknow in Complaint Case No.12448 of 2021 (Dr. Uttam Kumar Garg vs. M/s Victorian Buildwell Pvt. Ltd.), vide order dated 18.09.2024 an application filed by the applicant taking preliminary objection on the maintainability of the complaint has been rejected and order dated 21.12.2022, the applicant was summoned in the instant case filed under Section 138 NI Act with respect to the applicant.
Heard Shri Navneet Yadav, learned counsel for the applicant and Shri Anurag Verma, learned A.G.A. for the State.
Issue notices to the opposite party nos.2 and 3 returnable at an early date.
Steps be taken within a week.
List this case in the week commencing 18.11.2024.
Meanwhile, opposite parties may file counter affidavit.
Order Date :- 16.10.2024/Mahesh
Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Parveen Saraswat
State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Affairs Lko.
Ajai Kumar Srivastava
Mahesh Kumar
As recorded by the court registry
3 orders share this CNR
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