Criminal appeal under Section 14A(1) SC/ST (Prevention of Atrocities) Act against a summoning order in a trial arising from an FIR lodged after cheques given for a sale deed bounced. Court issued notice to respondent No.4 and directed the case be listed fresh on next date.
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Court No. - 11
Case :- CRIMINAL APPEAL No. - 2418 of 2024
Appellant :- Rakesh (Rakesh Nishad In Fir) Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Appellant :- Sayyed Farooq Ahmad,Afzal Ahmad,Evaz Ali,Mohammad Zaheen Siddiqui Counsel for Respondent :- G.A.
Hon'ble Abdul Moin,J.
1. Heard.
2. Issue notice to respondent No.4.
3. List on the date indicated in the notice.
4. Instant criminal appeal under Section 14A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act, 1989') has been filed aggrieved against the summoning order dated 16.11.2023 in Sessions Trial No.3397 of 2023 In re State vs Rakesh Nishad, a copy of which is Annexure-11 to the appeal.
5. Contention is that the appellant has executed a sale deed in favour of respondent No.4 on 18.05.2023. The sale deed also mentioned about two cheques having been given by respondent No.4, which incidentally bounced. A suit for cancellation of the sale deed was filed by the appellant on 05.07.2203.
6. Being aggrieved with the same, an FIR has been lodged by respondent No.4 on 22.07.2023 under the provisions of the Act, 1989.
7. The contention is that aforesaid FIR has been filed by respondent No.4 in patently malicious manner in order to somehow negate the civil suit, which has been filed by the appellant for cancellation of the sale deed more particularly when no consideration for the sale transaction was received by the appellant.
8. Considering the aforesaid whenever the case is next listed, list this case as fresh.
Order Date :- 7.8.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Rakesh (Rakesh Nishad In Fir)
State Of U.P. Thru. Prin. Secy. Home Lko
Respondent No.4
Abdul Moin
As recorded by the court registry
2 orders share this CNR
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