Ashtbhuja Shukla vs State Of U.P. And Another
2022 Latest Caselaw 10347 ALL

Citation : 2022 Latest Caselaw 10347 ALL
Judgement Date : 16 August, 2022

Allahabad High Court

Ashtbhuja Shukla vs State Of U.P. And Another on 16 August, 2022

Bench: Mohd. Faiz Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 
Case :- APPLICATION U/S 378 No. - 315 of 2017
 
Applicant :- Ashtbhuja Shukla
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Hom Narayan Awasthi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

No one is present on behalf of the appellant/ applicant when this case is taken up for hearing while learned AGA is present for the State.

Instant is an application for leave to grant an appeal under Section 372Cr.P.C. against the judgment and order dated 29.8.2014 passed by the Additional Chief Judicial Magistrate-I, Faizabad in Complaint Case No. 2066 of 2012, Ashtbhuja Shukla Vs. Smt. Ranjana Pandey, under Section 138 Negotiable Instruments Act, Police Station Ram Janam Bhumi , District Faizabad, whereby the trial court had acquitted the respondent no.2 and the charge under Section 138 Negotiable Instruments Act.

Perusal of the record would reveal that instant application for grant of leave to appeal was filed with a delay, however, the same was condoned vide order dated 30.8.2018 of this Court.

Perusal of the record would further reveal that this case was earlier listed on 22.7.2022 whereon no one was present for the appellant when the name of Shri Hom Narayan Awasthi was printed in the cause list as learned counsel for the applicant. Again on 3.8.2022 when this case was listed the applicant was not represented and in order to provide a last opportunity the case was listed for today.

Today also no one is present on behalf of the appellant / applicant while the name of Shri Hom Narayan Awasthi is printed in the cause list as learned counsel for the appellant/ applicant nor any request has been made either by Shri Hom Narayan Awasthi or on his behalf to adjourn the case.

Keeping in view all the facts and circumstances mentioned herein before, it appears that perhaps the appellant/ applicant has lost interest in prosecuting the application for grant of leave to appeal. Thus, the application for grant of leave to appeal is hereby dismissed for non prosecution.

Since application for grant of leave to appeal has been dismissed the appeal will also not survive.

Order Date :- 16.8.2022

Muk