Citation : 2022 Latest Caselaw 21564 ALL
Judgement Date : 16 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- MATTERS UNDER ARTICLE 227 No. - 11401 of 2022 Petitioner :- Pravesh Doshi Respondent :- State of U.P. and Another Counsel for Petitioner :- Karunesh Narayan Tripathi Counsel for Respondent :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Karunesh Narayan Tripathi, learned counsel for the appellant and Shri Ravindra Singh, learned A.G.A. for the State.
The present petition under Article 227 of the Constitution of India has been filed to set-aside the order dated 31.10.2022 passed by Additional Sessions Judge, Court No. 9, Bareilly in Criminal Revision No. 259 of 2013 by which affirmed the order dated 29.03.2013 passed by Judicial Magistrate, Court No. 2, Bareilly (Dr. Sameer Goyal Vs. Pravesh Doshi) in Compliant Case No. 1473 of 2012, under Section 138 of Negotiable Instrument Act, Police Station- Kotwali, District- Bareilly.
Learned counsel for the appellant submits that the petitioner wants to decide the present case in the guidelines of the judgment of the Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 2 S.C.C. (Cri) 1328.
With the above observation, the present writ petition stands disposed of finally directing the court below to act strictly in accordance with the guidelines given in Damodar S. Prabhu (supra).
Order Date :- 16.12.2022
Ishan
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