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2025 DAILYLAW 145751 (ALL)

M/S DENTO CORP THRU. PROPRITOR MALIK AJAZ AHMAD AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A378/48/2025 · 2025-07-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41329 Court No. - 13 Case :- APPLICATION U/S 378 No. - 48 of 2025 Applicant :- M/S Dento Corp Thru. Propritor Malik Ajaz Ahmad And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Jyotindra Prakash Pathak,Malik Faiyaz Ahmed Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. Present application has been filed by the applicants challenging the judgment and order dated 08.05.2025 passed by learned Additional Judge, Room No. 9, Lucknow in Complaint Case Nos. 4948/2018 and 4949/2018 (M/S Dento Corp. vs. Mubarak Ali) under Section 138 of Negotiable Instruments Act, 1881. At the very outset, learned A.G.A. has raised preliminary objection regarding maintainability of the present application on the ground that applicants are having statutory remedy. In support of his submission, he has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320. After arguing at some length, the learned Counsel for the applicants states that he does not want to press the present application and the same may be dismissed as withdrawn with liberty to applicants to avail remedy as available to them under law. To the aforesaid prayer, learned AGA has no objection. Accordingly, the present application is dismissed as withdrawn with liberty as aforesaid. Office is directed to return back all the certified copies of order and documents, annexed with the present petition, to the learned Counsel for the applicants, as per Rules. Order Date :- 18.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench