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2025 DAILYLAW 164194 (ALL)

BHAGWATI PRASAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/7740/2025 · 2025-09-18

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7740 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard. Present application has been filed by the applicant challenging the judgment and order dated 31.07.2025 passed by the Additional Court No.5, Lucknow in Complaint Case No.90138 of 2022 (Bhagwati Prasad Vs. Prince Sonkar) 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 alternative 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for the applicant states that he does not want to press the present application and the same may be dismissed as withdrawn with liberty to applicant to avail remedy as available to him under law. To the aforesaid prayer, learned AGA has no objection. Accordingly, the present application is rejected as withdrawn with liberty as aforesaid.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. September 18, 2025 Mohit Singh/- Versus Counsel for Applicant(s) : Ajay Pratap Singh Vatsa Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Bhagwati Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench