Neutral Citation No. - 2025:AHC:39182 Court No. - 73 Case :- APPLICATION U/S 482 No. - 36615 of 2024 Applicant :- Shashibhushan Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ashish Kumar, learned counsel for the applicant and Sri Kripa Shankar, learned AGA for the State. 2. This is an application under Section 482 Cr.P.C. filed by the applicant for quashing the order dated 02.08.2024 passed by Special Judge SC/ST Act, Maharajganj in Criminal Revision No.74 of 2024 (Director Kushinagar Banana Producer Company and others v. State of U.P. and another), under Section 143A of N.I. Act, 1881 at Police State Nichlaul, District Maharajganj. 3. Learned counsel for the applicant submits that with respect to certain business transactions regarding purchase of Bananas from the applicant, the opposite party nos.3 and 4 issued cheque of an amount of Rs.1286785/-, however, when the same was presented on the couple of occasion then the same stood dishonoured. 4. Post serving of a legal notice, a complaint under Section 138 N.I. Act was preferred on 06.12.2021 and 06.09.2022 and the trial court summoned the opposite party nos.3 and 4 who surrendered and consequently, enlarged on bail. An application also came to be preferred by the applicant under Section 143A of the N.I. Act on 05.10.2023 to which objection was preferred by the opposite party nos.3 and 4 and thereafter, on 06.04.2023, the trial court ordered 20% of the amount of Rs.1286785/- to the tune of Rs.257357/- as interim compensation. Against said order, a revision came to be preferred by the opposite party nos.3 and 4 before the District and Sessions Judge, Maharajganj on 02.05.2024, Criminal Revision No.74 of 2023 which came to be allowed. Questioning the said order, the applicant has approached this Court. 5. According to learned counsel for the applicant, order of the trial court awarding interim compensation is perfectly valid, in accordance with law. No fault whatsoever can be attributed in that regard, however, the revisional court has transgressed its jurisdiction and set aside the said order while remanding the order back. Learned counsel for the applicant further submits that theory so sought to be propounded by opposite party no.2 to 4 is unbelievable regarding misplacing of the cheques and the same according to them stood stolen is a attempt to wriggle out from the obligation. 6. Learned AGA, on the other hand, submits that whatever might be, once the order of revisional court is an order of remand then all questions would be left open for the applicant to raise post remand. 7. At this stage, learned counsel for the applicant submits that in case the matter is remanded then all the legal and factual aspects be taken into account which would be sought to be raised by the applicant. 8. Having heard the arguments so advanced across the bar and after perusing the record, this Court is of the opinion that since the order under challenge is an order of remand and issues have to be thrashed out by the trial court post remand, thus, all questions can be raised and this Court has no reason to disbelieve that in case the same are raised they would be decided in accordance with law without granting unnecessary adjournments. 9. With the said observations, the application stands disposed of as per the mandate. Order Date :- 18.3.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad