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2025 DAILYLAW 110600 (ALL)

SHADAB v. STATE OF U.P. AND ANOTHER

A482/42558/2024 · 2025-03-19

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41475 Court No. - 73 Case :- APPLICATION U/S 482 No. - 42558 of 2024 Applicant :- Shadab Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Pankaj Kumar Tripathi, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State. 2. This is an application U/s 482 Cr.P.C. has been filed quashing the summoning order dated 18.03.2024 passed by Addl. Chief Judicial Magistrate, court no.1 Agra as well as entire proceeding of Complaint Case No. 578 of 2024 (Shashank Singh vs. Shadab) under section 138 of N.I. Act, P.S. Sikandra, District Agra pending in the court of Additional Chief Judicial Magistrate-I, Agra. 3. Learned counsel for the applicant submitted that as per the allegations contained in the complaint lodged on 09.01.2024 is referable to issuance of cheque by the applicant no.772848 on 22.08.2023 which came to be dishonoured on 16.11.2023 and a legal notice was served and thereafter, the complaint has been lodged. 4. Learned counsel for the applicant has submitted that as per the contention towards Annexure-6 page-40 of the paper book so as to contained that the cheque stool lost when he was getting refilling of his vehicle at a retail outlet. He submits that the applicant has not committed any offence. 5. Learned AGA has submitted that the arguments which are being sought to be raised revolve around the factual aspect which cannot be gone into the present proceeding at this stage. 6. Having heard the submissions made across the bar, the sole question which arises for consideration is the extent for judicial intervention particularly when the trial has not commenced. Apart from the same, no jurisdictional error has been pointed out by the learned counsel for the applicant and further more whatever argument are being sought to be raised are the matter of defences which cannot be taken at this stage. 7. Accordingly, the application is rejected. Order Date :- 20.3.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad