Ram Avtar vs State Of U.P. And Anr.
2022 Latest Caselaw 7654 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 
Case :- APPLICATION U/S 378 DEFECTIVE No. - 228 of 2017
 
Applicant :- Ram Avtar
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Chandra Shekhar Sinha,Gaurav Verma
 
Counsel for Opposite Party :- Govt. Advocate,Trivendra Pratap Singh,Vivek Kumar Singh
 
Hon'ble Mohd. Faiz Alam Khan,J.

No one is present on behalf of the applicant/appellant when the case is taken up for hearing. However, learned A.G.A. is present for the State. No request has been made on behalf of applicant to adjourn the case.

This is an application for grant of leave to appeal under Section 378 (4) Cr.P.C. filed by the complainant against the judgment and order of dated 17.03.2017 passed by the Presiding Officer, Additional Court No. 4, Lucknow in Complaint Case No. 0000232 of 2015 (Ram Avtar vs. Ram Naresh Verma), under Section 138 of the Negotiable Instrument Act, Police Station Hasanganj, District Lucknow, whereby the opposite party no.2 has been acquitted of the offence under Section 138 of the Negotiable Instrument Act.

An application under Section 5 of the Limitation Act has also been moved as the application under Section 378 (4) Cr.P.C. has been moved after 60 days of the passing of the judgment and order.

Perusal of the record would reveal that on the last date i.e. 21.09.2021 when this case was listed learned counsel for the applicant was also not present and similarly it was on 13.09.2021 learned counsel for the applicant chooses to remain absent.

In view of above, it appears that perhaps the learned counsel for the applicant has lost interest in prosecuting the case. Thus, for the reasons mentioned herein-above, the application moved under Section 5 of the Limitation Act by the applicant is, hereby, dismissed for want of prosecution.

Since the application under Section 5 of the Limitation Act has been dismissed for want of prosecution, resultantly, the application for grant of leave under Section 378 (4) Cr.P.C. is also dismissed for want of prosecution.

The record of the trial Court be immediately remitted back to the trial Court in accordance with the rules.

Order Date :- 21.7.2022/Praveen