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2025 DAILYLAW 16458 (ALL)

M/S. SKYLINE BUILDERS v. STATE OF U.P. AND ANOTHER

A227/1310/2025 · 2025-02-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23291 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1310 of 2025 Petitioner :- M/S. Skyline Builders Respondent :- State of U.P. and Another Counsel for Petitioner :- Mukesh Joshi Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Mukesh Joshi, learned counsel for the petitioner and learned AGA for the State. 2. The present petition has been preferred with the following relief:- "i. to issue an order or direction to set aside the impugned judgment and order dated 09.12.2024 passed by the learned Additional Session Judge, Court No. 12, Moradabad passed in Criminal Revision No. 37 of 2024 (M/s. Skyline Builders Vs. State and another) and summoning order dated 06.12.2023 passed by Presiding Officer, Additional Judge 138 N.I. Act/M.V. Act, Moradabad passed in Complaint Case no. 39895 of 2023, CNR No. UPMO040499032023 (Mushahid Husain Vs. M/s. Skyline), Under Section 138 N.I. Act, Police Station-Katghar, District-Moradabad as well as non- bailable warrant dated 30.03.2024 (Annexure No. 1)." 3. Learned counsel for the petitioner pressed all the grounds whatsoever has been taken through the instant petition through which, it has been apprised that there is hardly any attraction of sections in which the petitioner has been summoned and all these grounds have not been taken into consideration while passing the order dated 06.12.2023. Being aggrieved with order dated 06.12.2023, petitioner preferred revision which was also rejected vide order dated 09.12.2024 which has been challenged through the instant petition. 4. Learned counsel for the petitioner submitted that both the impugned orders i.e., summoning order dated 06.12.2023 and appellate court order dated 09.12.2024 are wholly illegal, unjust, improper and have been passed without properly considering the facts and circumstances of the case as well as without considering the materials available on record. It is also submitted that the order impugned has been passed in mechanical and routine manner which does not manifest the application of judicious mind to the facts of the case. 5. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the petition and submitted that after considering the material on record, learned concerned court passed the impugned orders and as such, there is no illegality in the same. 6. After perusal of order dated 06.12.2023 passed by Presiding Officer, Additional Judge 138 N.I. Act/M.V. Act, Moradabad as well as the order dated 09.12.2024 passed by the learned Additional Session Judge, Court No. 12, Moradabad, I find that the same does not suffer from any illegality, infirmity or jurisdictional error, so as to call for interference by this Court. 7. In view of the aforesaid facts and circumstances, this petition stands dismissed. Order Date :- 18.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad