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Neutral Citation No. - 2025:AHC:30736 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15850 of 2024 Petitioner :- Puneet Murgai Respondent :- State of U.P. and Another Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The instant petition has been preferred with following reliefs:-
"(i) Set-aside the impugned order dated 28.11.2024 passed by Additional District and Session Judge, Court No.4, Bijnor in Criminal Misc. Case No.6526 of 2024 (Puneet Murgai Vs. State of U.P.), P.S. Chandpur, District Bijnor, whereby the application (paper no.kha-5 under section 5 of Limitation Act) of the revisionist-petitioner has been dismissed. (ii) Set-aside the impugned order dated 24.05.2023 passed by learned Judge, Additional Court, Bijnor in Complaint Case No.18799 of 2022 (M/s Gurukripa Traders Vs. Puneet Murgai) under section 138 N.I. Act, P.S. Chandpur, District Bijnor, whereby summoned the revisionist-petitioner under section 143 N.I. Act."
3. Learned counsel for the petitioner submitted that the revisional court has not considered the grounds taken in the application (kha-5) filed under section 5 of Limitation Act and has passed its order without giving proper opportunity of hearing to the petitioner and as such the same is liable to be set-aside.
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the petitioner and rebutted the ground taken up by learned counsel for the petitioner that there was no intimation with regard to notice issued in pursuance to section 143 N.I. Act and submitted that the same has been properly returned with the finding by learned revisional court in application under section 5 of Limitation Act at the preliminary stage by way of disclosing the specific papers wherein the intimation has been given to petitioner and the same has been endorsed at paper no.kha-5.
5. After hearing the rival submission extended by learned counsel for the parties and by bare perusal of records, it is clear that there is no infirmity in the orders impugned and as such this petition lacks merit.
6. The instant petition stands dismissed accordingly. Order Date :- 4.3.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad