Shailendra Pratap Singh vs State Of U.P. And Others
2022 Latest Caselaw 2717 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 704 of 2021
 

 
Applicant :- Shailendra Pratap Singh
 
Opposite Party :- State of U.P. and Others
 
Counsel for Applicant :- Sudhir Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The petition has been filed under Section 482 CrPC for quashing order dated 11.11.2019 passed by Atrikt Nyayalaya, Room No.5, Lucknow in Complaint No.3705 of 2018 under section 138 Negotiable Instruments Act, P.S. Gazipur, district Lucknow.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Notice to private respondents 2 to 5 is dispensed with.

Learned counsel for the petitioner submits that complaint case under section 138 Negotiable Instruments Act was filed by the petitioner before the court below. In the complaint case (supra), the private respondents were summoned vide order dated 6.6.2018. In the meantime, two of the private respondents filed a petition under section 482 CrPC No.6966 of 2018 Ssar Infratech Private Limited and another versus State of U.P. and another challenging order dated 6.6.2018.

This court in the said petition has passed an interim order dated 2.11.2018 that no coercive action shall be taken against the petitioners of the said petition and under the garb of the order passed by this Court, the private respondents had not appeared before the trial court.

It is submitted that the case was fixed on 11.11.2019 in the court below, on which date, the petitioner owing to the death of his uncle Manoj Kumar Singh could not appear in Court. The complaint case has been dismissed in default vide order under challenge.

It is submitted on behalf of the petitioner that the dismissal of the complaint case has, in fact, resulted into acquittal of the accused persons without trying them.

On due consideration to the argument advanced by the petitioner's counsel, perusal of the record as also the explanation given by the petitioner in the petition for not appearing before the trial court on the date fixed as also considering the judgment in Purushotam Mantri versus Vinod Tandon alias Hari Nath Tandon 2008(4)Cri.CC 372 (Punjab and Haryana High Court), the petition is allowed and the order dated 11.11.2019 (supra) is set aside. The complaint filed before the court below is restored to its original number.

Order Date :- 13.5.2022

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