Sumit vs State Of Up And 2 Others
2024 Latest Caselaw 21684 ALL

Allahabad High Court

Sumit vs State Of Up And 2 Others on 2 July, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:106624
 
Court No. - 87
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7799 of 2024
 

 
Petitioner :- Sumit
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Brijesh Kumar Yadava,Narendra Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Heard Sri Brijesh Kumar Yadava, learned counsel for the petitioner, learned Additional Government Advocate for the State and perused the record.

By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned judgment and order dated 22.12.2023 passed in Criminal Revision No. 422 of 2022 by Additional Session Judge, Court No. 9, Saharanpur arising out of Complaint Case No. 189 of 2017 as well as Judgment and Order dated 25.08.2022 passed in Complaint Case No. 189 of 2017, under Section 138 of the N.I. Act and Section 420 IPC, "Sumit Vs. State of U.P. and others" passed by Additional Session Judge, Saharanpur.

It has been submitted by learned counsel for the petitioner that the proceedings under Section 138 of the N.I. Act was dismissed due to non-prosecution of the petitioner who remained absent from 10.03.2022 to 25.08.2022. Against the said order, the petitioner preferred Criminal Revision which was also rejected vide order dated 22.12.2023.

However, the learned counsel for the petitioner seeks liberty to move an application recalling the orders dated 25.08.2022 and 22.12.2023 as it were not decided on merit and were dismissed mainly due to non-prosecution.

In case, the petitioner moves the said application within a period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment.

With the aforesaid directions, the petition is disposed of.

Order Date :- 2.7.2024

Shivani