Disposed¶9

Suresh Chandra v. State of U.P. and Another

Allahabad HC7 Jul 2025A378/231/2024

Case brief

AI extract

What is this about?

Procedural disposal, Allahabad HC, 8.7.2025 (Neutral Citation 2025:AHC:107078): wrongly instituted Section 378(4) CrPC application by complainant Suresh Chandra against acquittal under Sections 138/141 Negotiable Instruments Act, 1881 permitted to be withdrawn for filing a revision; acquittal (dated 23.8.2024, Criminal Appeal No. 115 of 2023, Kanpur Nagar, accused Praveen Kumar Katiyar per appeal title) left unchallenged on merits; no findings on cheque-dishonour liability.

What did the court decide?

Application under Section 378(4) Cr.P.C. permitted to be withdrawn so that the applicant may file a revision; Office directed to return the certified copy of the order, if any, to learned counsel for the applicant. ¶9

Suresh Chandra Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether to permit withdrawal of the applicant's application under Section 378(4) Cr.P.C. (stated to have been inadvertently instituted as an appeal against the acquittal judgment dated 23.8.2024, instead of a revision), so that the applicant may file a revision.

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Court's answer

The Court permitted withdrawal of the Section 378(4) Cr.P.C. application, allowing the applicant to file a revision instead; the merits of the acquittal were not examined.

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Ratio / Principle

Office was directed to return the certified copy of the order, if any, to the learned counsel for the applicant.

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Detailed headnote1 paragraphs

Allahabad High Court (Manoj Bajaj, J., Court No. 81), Application U/S 378 No. 231 of 2024, order dated 8.7.2025. Suresh Chandra, complainant-appellant, had filed an application under Section 378(4) Cr.P.C. against the judgment and order dated 23.8.2024 of the Additional Sessions Judge, Court No. 7, Kanpur Nagar in Criminal Appeal No. 115 of 2023 (titled Praveen Kumar Katiyar Vs. State of U.P. and another), whereby the accused-opposite party no. 2 was acquitted of the offence under Section 138 Negotiable Instruments Act, 1881; the appeal arose out of order dated 27.7.2023 of the Presiding Officer, Additional Court-II, Kanpur Nagar in Complaint Case No. 1259 of 2010 under Section 138 read with 141 of the Act, and the appellate judgment had reversed the trial court's conviction. Counsel stated the application had inadvertently been instituted against the acquittal judgment instead of a revision and prayed for withdrawal to file a revision. The Court ordered accordingly, permitting withdrawal, and directed the Office to return the certified copy of the order, if any. The merits of the acquittal were not adjudicated.

Suresh Chandra v. State of U.P. and Another

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Suresh Chandra v. State of U.P. and Another

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