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2025 DAILYLAW 121418 (ALL)

GOPAL CHANDRA AGARWAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A378/14/2025 · 2025-07-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40080 Court No. - 13 Case :- APPLICATION U/S 378 No. - 14 of 2025 Applicant :- Gopal Chandra Agarwal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Pranshu Agrawal,Chandan Srivastava Counsel for Opposite Party :- G.A.,Mahfooz Alam Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:- "WHEREFORE it is most respectfully prayed that the impugned judgment and order dated 30-08-2024 passed by the Court of Presiding Officer, Additional Court No. 4, Lucknow, in complaint case no. 6570 / 2012, Gopal Motor Finance versus Matloob Ali, u/s 138 of the Negotiable Instruments act, 1881, whereby the Accused/Opp. Party No. 2 was acquitted, may kindly be set-aside and the Accused / Opp. Party Party No. 2 may kindly be ordered to be convicted for the offences punishable under section 138 of the Negotiable Instruments Act, 1881." On being opposed based upon the judgment passed by the Hon'ble Apex Court in the case of M/s. Celestium Financial v. A. Gnanasekaran etc., 2025 SCC OnLine SC 1320, learned Counsel for the applicant says that he does not want to press the present application and the same may be dismissed as withdrawn with liberty to the applicant to avail the remedy as available to him under law. To the aforesaid prayer, there is no objection. Accordingly, the present application is dismissed as withdrawn with liberty, as prayed for. Office is directed to return certified copies of order(s)/document(s), if any, annexed with this application to the learned counsel for the applicant as per rules in this regard. Order Date :- 14.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench