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2025 DAILYLAW 158913 (ALL)

MUNNA LAL VIMAL v. THE STATE OF U.P. THRU. ITS PRIN. SECY. LKO. AND ANOTHER

A482/6865/2025 · 2025-08-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49351 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6865 of 2025 Applicant :- Munna Lal Vimal Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Lko. And Another Counsel for Applicant :- Mohammad Alam Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Shri Mohammad Alam, learned counsel for the applicant, Shri Badrul Hasan, learned AGA-I for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "For the facts, reasons and circumstances narrated in the instant application under section 528 B.N.S.S. which is duly supported with an affidavit, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the order dated 26-09-2024 passed by First Additional Chief Judicial Magistrate, Sitapur in complaint case no. 2301639/2017 under section 138 N.I.Act, P.S Mishrikh Distt. Sitapur, Munna Lal Vimal Versus Bharat Singh and revisional order dated 19-05- 2025 passed by Additional Sessions Judge court No. 7 Sitapur, in criminal revision No.174/2024 Munna Lal Vimal Vs. Bharat Singh and another." Considered the undisputed facts of the case including the fact that the complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short "Act of 1881") was filed prior to the expiry of the limitation provided in Clause C of the proviso to Section 138, which is for making compliance of the notice and therefore the Magistrate rejected the Complaint Case/CIS No.2301639/2017) (Munna Lal Vimal Vs. Bharat Singh and another) filed under Section 138 of the N.I. Act vide order dated 26.09.2024 and this order passed by the Magistrate has been affirmed by the Additional District and Session Judge, Court No.7, Sitapur vide order dated 19.05.2025 passed in Criminal Revision No.174 of 2024 (Munna Lal Vimal Vs. Bharat Singh and another). Upon due consideration of the aforesaid including the law on the issue, on being confronted learned counsel for the applicant states that without interfering in the order(s) impugned, instant application be cosigned to record with liberty to the applicant to avail the remedy as available under law including by preferring an application under Section 142 of the Act of 1881. In view of the aforesaid statement, the matter is consigned to record. Order Date :- 22.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench