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Anoop Kasyap vs State Of U P And Others

High Court Of Judicature at Allahabad|29 October, 2021
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JUDGMENT / ORDER

Court No. - 90
Case :- APPLICATION U/S 482 No. - 7785 of 2007 Applicant :- Anoop Kasyap Opposite Party :- State of U.P. and Others Counsel for Applicant :- Prashant Mishra Counsel for Opposite Party :- Govt. Advocate,A K Pandey,Imranullah,Ravi Pandey,Vikas Srivastava
Hon'ble Om Prakash Tripathi,J.
Case is called out in revised list.
Heard Shri Ravi Pandey, learned counsel for opposite party and learned A.G.A. for State.
This application u/s 482 Cr.P.C. has been filed with a prayer to quash the complaint dated 15.06.2006 and its further proceedings pending in the court of learned Special Judicial Magistrate 1st Aligarh, under Section 138 of Negotiable Instrument Act, in Complaint Case No. 315/2006 (Sri Ram Traders Vs. M/s. Radha-Krishna Traders and another), P.S.- Shashni Gate, District- Aligarh.
From the perusal of order dated 06.04.2007, it reveals that further proceeding in Complaint Case No. 315/2006, under Section 138 N.I. Act pending in the court of Special C.J.M.1st, Aligarh shall remain stayed till the next date of listing.
Learned counsel for opposite party submitted that it is a case of cheque amounting Rs. 73985.40/-. The complaint case is unnecessarily stayed.
From the impugned order proceeding of the said case is stayed about 14 years, that is not proper and lawful.
Accordingly, the instant application u/s 482 Cr.P.C. is dismissed as infructuous.
Let a copy of this order be communicated to the concerned court through District Judge, Aligarh for further proceeding according to law.
Interim order, if any, is hereby vacated.
Order Date :- 29.10.2021 Sharad/-
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Title

Anoop Kasyap vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 October, 2021
Judges
  • Om Prakash Tripathi
Advocates
  • Prashant Mishra