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2025 DAILYLAW 106127 (ALL)

SACHENDRA KUMAR MISHRA v. State of UP AND ANOTHER

A482/37566/2024 · 2025-02-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20053 Court No. - 74 Case :- APPLICATION U/S 482 No. - 37566 of 2024 Applicant :- Sachendra Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sandeep Kumar Dubey, learned counsel for the applicant as well as Sri Moti Lal, learned AGA for the State/opposite party no.1. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Complaint Case No. 7070 of 2024 (M/s Mahindra and Mahindra Finance Service Limited Vs. Sachendra Kumar Mishra) under Sections 138 of N.I. Act, Police Station-Hariparvat, District Agra pending before the court of learned Additional Chief Judicial Magistrate, Court no. 5, Agra. 3. Learned counsel for the applicant has submitted that though certain financial assistance was taken from the opposite party no. 2 but on account of the pandemic relating to covid, due to non- deposit of fees, the installments could not be paid. Pursuant whereto the vehicle in question was towed and thereafter put to auction and against the dishonoring of the cheque, the proceedings have been lodged. 4. Learned AGA on the other hand submits that no fault whatsoever can be attributed to the summoning order as after recording of the statements as required under the provisions of the Act, the summons have been issued. 5. I have heard the learned counsel for the parties and perused the record. 6. I am of the opinion of the court, learned counsel for the applicant is seeking to raise issues which are practically factual in nature which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record. 7. At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 8. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 11.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad