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2025 DAILYLAW 152952 (ALL)

MISHRI LAL @ MISHRI LAL SONI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A378/55/2025 · 2025-07-23

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42100 Court No. - 13 Case :- APPLICATION U/S 378 No. - 55 of 2025 Applicant :- Mishri Lal @ Mishri Lal Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Anand Pratap Singh,Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. Present application has been filed by the applicant challenging the judgment and order dated 12.06.2025 passed by Special Judge, (N.I. Act), Lucknow in Complaint Case No. 2686 of 2015 (Mishri Lal vs. Hariom Soni), 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 applicant is 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 the matter at some length, learned counsel for the applicant states that he does not want to press the present application and the same may be dismissed as withdrawn with liberty to applicant to avail the remedy as available under the law. To the aforesaid prayer, learned AGA has 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 Accordingly, the present application is dismissed as withdrawn with liberty, as prayed for.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 :- 23.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench