Smt. Aradhana vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 12

Case :- APPLICATION U/S 482 No. - 5851 of 2025

Applicant :- Smt. Aradhana

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kamal Kishor Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajnish Kumar,J.

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Heard, Shri Kamal Kishor Tiwari, learned counsel for the applicant and learned A.G.A.

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Learned counsel for the applicant submits that the respondent no.2 had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 with wrong facts and the notice dated 07.10.2023 the return memo annexed with that as disclosed in the order dated 06.07.2024 has neither been served on the applicant nor is on record of the trial court, but without considering the same the summoning order was issued. The applicant had filed a revision taking the ground that they are not on record, but the learned revisional court without considering the same passed the impugned order dated 17.05.2025. Thus he is before this court and submits that the impugned orders are not sustainable in the eyes of law.

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Learned A.G.A., though opposed the prayer of learned counsel for the applicant, however he could not contradict the aforesaid submissions at this stage.

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Matter requires consideration.

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Issue notice to respondent no.2.

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Steps to be taken within a week.

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List in the next month.

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Till the next date of listing no coercive action shall be taken against the applicant in pursuance of the impugned orders dated 17.05.2025, passed in Criminal Revision No.82 of 2025 by Sessions Judge, Raebareli and summoning order dated 06.07.2024 passed in Criminal Case No.21351 of 2023 by learned Judicial Magistrate, Second, Raebareli.

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Order Date :- 21.7.2025 Banswar

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.. .................................... (Rajnish Kumar,J.)

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Aradhana v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Smt. Aradhana v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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