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Neutral Citation No. - 2025:AHC:18528 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14558 of 2024 Petitioner :- Pramil Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.,Prashant Ji Pandey Hon'ble Saurabh Srivastava,J.
1. Heard Sri Dhiraj Kumar Pandey, learned counsel for the petitioner, Sri Prashant Pandey, learned counsel for the respondent no. 2 and learned A.G.A. for the State.
2. The writ petition has been filed for following prayers:-
"I. set aside the impugned judgment and order dated 23.08.2024 passed by Session Judge, District-Saharanpur in Criminal Revision No. 211 of 2024, Pramil Kumar Vs. State of U.P. and another and against order dated 09.04.2024, passed by learned Addl. Court Saharanpur in complaint case no. 1157 of 2017, Vipin Kumar Vs. Pramil Kumar under section 138 Negotiable Instruments Act, Police Station Rampur Maniharan, District-Saharanpur."
3. Learned counsel for petitioner pressed all the grounds whatsoever have been taken through the instant petition through which, it has been apprised that the petitioner moved an application under section 311 Cr.P.C. stating that while preparing the arguments, certain important points came into the notice of the petitioner therefore in the interest of justice further cross- examination of complainant on certain points are very much essential for just decision of the case, therefore, the petitioner prayed that complainant may kindly be summoned but the learned concerned court rejected the application moved by the petitioner vide order dated 09.04.2024. Being aggrieved with order dated 09.04.2024, petitioner preferred revision which was also rejected vide order dated 23.08.2024 which has been challenged through the instant petition. Learned counsel for petitioner further contended that both the orders passed by the courts concerned, are against the weight of evidence and as such, the same may be quashed.
4. Per contra, learned AGA for the State and Sri Prashant Pandey,
learned counsel for the respondent no. 2 vehemently opposed the prayer sought through the instant petition on the ground that both
the impugned orders have been passed after considering the material available on record which are just and proper.
5. After perusal of order dated 09.04.2024, passed by learned Addl. Court Saharanpur as well as the order dated 23.08.2024 passed by Session Judge, District-Saharanpur, I find that the same does not suffer from any illegality, infirmity or jurisdictional error, so as to call for interference by this Court.
6. In view of the aforesaid facts and circumstances, this petition stands dismissed.
Order Date :- 7.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad