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2025 DAILYLAW 132061 (ALL)

BHARAT BHUSHAN @ BHARAT BHUSHAN RAI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2997/2025 · 2025-04-08

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19666 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2997 of 2025 Applicant :- Bharat Bhushan @ Bharat Bhushan Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Indrajeet,Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant as well as learned AGA on behalf of the State- respondent. 2. It has been submitted by counsel for the applicant that on a complaint made by the opposite party no.2, summons and non- bailable warrants have been issued to the applicant. He submits that non-bailable warrant has been issued on 09.01.2025 for appearance on 17.03.2025. 3. Counsel for the applicant submits that there are serious defects in the complaint and further the applicant denies being the proprietor of the Firm against which the proceedings have been initiated. The aforesaid ground has been challenged the proceedings under Section 138 of Negotiable Instruments Act. 4. After arguing the matter at length, learned counsel for the applicants submits that he is ready and willing to appear before the trial court in Case No.1930 of 2023, M/S Piyus Traders versus M/S H.R. Associates and others. 5. Accordingly, in case, the applicant appears before the trial court within ten days, then the trial court shall duly record his appearance and proceed in the matter in accordance with law. For a period of next ten days, the warrants issued by the trial court dated 09.01.2025 shall be kept in abeyance. It is made clear that in case the applicant does not appear before the trial court, the benefit of the order shall not be available to him after expiry of the period. 6. In the aforesaid directions, the petition is disposed of. [Alok Mathur,J.] Order Date :- 8.4.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench