Dismissed¶13

Mangu Prasad v. Mohd. Ashik

Allahabad HC22 Jul 2025C372D/14/2025

Case brief

AI extract

What is this about?

Condonation of delay; delay condoned; appeal withdrawn; dismissed as withdrawn with liberty; statutory remedy; maintainability objection; preliminary objection by AGA; Section 413 BNSS; Section 372 Cr.P.C.; Section 138 Negotiable Instruments Act 1881; Complaint Case No. 522 of 2024; Additional Chief Judicial Magistrate Court No. 2 Unnao; judgment dated 10.03.2025; Celestium Financial v. A. Gnanasekaran 2025 SCC OnLine SC 1320; Mangu Prasad; Mohd. Ashik; High Court of Judicature at Allahabad, Lucknow Bench; 2025:AHC-LKO:41904.

What did the court decide?

Appeal dismissed as withdrawn with liberty to the appellant to avail the remedy available to him under law; Office directed to return all certified copies of order and documents annexed with the appeal to the learned Counsel for the appellant as per Rules. ¶13

Mangu Prasad Vs Mohd. Ashik — Cheque Dishonour | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:41904

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Court No. - 13

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Case :- CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No. - 14 of 2025 Appellant :- Mangu Prasad Respondent :- Mohd. Ashik Counsel for Appellant :- Abhineet Jaiswal,Chinmay Mishra

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Hon'ble Saurabh Lavania,J.

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Taking note of the facts stated in the affidavit filed in support the application seeking condonation of delay as also that there is no opposition by the learned AGA to the same, the application is allowed.

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Delay in filing the instant appeal is hereby condoned.

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Office/Registry is directed to allot regular number to this appeal.

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Heard.

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Present appeal under Section 413 BNSS/Section 372 Cr.P.C. has been filed by the appellant challenging the judgment and order dated 10.03.2025 passed by learned Additional Chief Judicial Magistrate, Court No. 2, Unnao in Complaint Case No. 522 of 2024 (Mangu Prasad Vs. Mohd. Ashik), under Section 138 of Negotiable Instruments Act, 1881

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At the very outset, learned A.G.A. has raised preliminary objection regarding maintainability of the present appeal on the ground that appellant is having statutory remedy. In support of his submission, he has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320 .

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After arguing at some length, the learned Counsel for the appeallant states that he does not want to press the present appeal and the same may be dismissed as withdrawn with liberty to appellant to avail remedy as available to him under law.

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To the aforesaid prayer, learned AGA has no objection.

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Accordingly, the present appeal is dismissed as withdrawn with liberty as aforesaid.

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Office is directed to return back all the certified copies of order and documents, annexed with the present appeal, to the learned Counsel for the appellant, as per Rules.

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Order Date :- 22.7.2025/Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mangu Prasad v. Mohd. Ashik

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Mangu Prasad v. Mohd. Ashik

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