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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 14101 of 2025 Court No. - 89 HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the petitioner and Sri Amrit Raj, learned AGA for the State are present. 2. Learned counsel for the petitioner has prayed for a direction to set aside the impugned order 14.10.2025 passed by Additional District and Session Judge/F.T.C.-41 (Form Resolution of Crime against Women), Kanpur Nagar in Criminal Revision No. 120 of 2025 (Nilofar Hides Vs. State of U.P. and another). 3. Learned counsel for the petitioner submitted that he has been falsely implicated by the private respondent, who instituted Complaint Case No. 242573 of 2022 (Bilal Hide Supplier vs. Nilofar Hides) under Section 138 of the Negotiable Instruments Act. It is contended that the petitioner's cheques were stolen by the respondent and subsequently misused by presenting them before the concerned bank, resulting in dishonour. Learned counsel submitted that the respondent intended to falsely implicate the petitioner in a cheque bounce case, despite there being no legally enforceable liability against the petitioner. Aggrieved by the order dated 09.11.2022 passed in the aforesaid complaint case, the petitioner preferred Criminal Revision No. 120 of 2025, which too came to be dismissed on 14.10.2025. It is submitted that the courts below failed to consider the grievances and objections raised by the petitioner. It is also urged that the matter be referred to mediation for an amicable settlement. 4. Learned AGA and learned counsel for the informant submitted that, in view of the conduct of the petitioner, he is not entitled to any relief. It is further submitted that the order dated 09.11.2022 was earlier challenged by the petitioner by filing an application under Section 482 Cr.P.C. being Application No. 10297 of 2023 (Nilofar Hides vs. State of U.P. and Another Versus Counsel for Petitioner(s) : Kamlakar Pal Counsel for Respondent(s) : Aushim Luthra, G.A., Irshad Husain Mohd. Tahir .....Petitioner(s) State of U.P. and Another .....Respondent(s)
), which was dismissed as withdrawn on 28.03.2023. Thereafter, after an inordinate delay of about three years, the petitioner filed Criminal Revision No. 120 of 2025, which was dismissed on 14.10.2025. 5.
It is also pointed out that during the pendency of the complaint proceedings, the petitioner had challenged the non-bailable warrant issued against him by filing an application under Section 528 BNSS, being Application No. 42002 of 2025 (Nilofar Hides vs. State of U.P. and Another ), which was disposed of on 29.10.2025 with a direction to the petitioner to cooperate with the trial by appearing before the court concerned and seeking bail. 6. Heard learned counsel for the parties and perused the record. The various attempts made by the petitioner to challenge the proceedings under Section 138 of the Negotiable Instruments Act clearly indicate that the present petition under Article 227 of the Constitution of India has been filed solely to stall the proceedings in the complaint case. Such a petition is not maintainable under Article 227 of the Constitution of India. The conduct of the petitioner, particularly in approaching the revisional court after an inordinate delay of three years and repeatedly invoking different jurisdictions, clearly indicates an attempt to evade the judicial process. 7. Accordingly, the petition is dismissed. April 2, 2026 Ujjawal A227 No. 14101 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad